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Unformatted text preview: LEB 320F Lecture 2/21/11 • Review of last class: o 4 Elements of Negligence 1) duty of reasonable care 2) breach of duty o Duty of Landowners Invitees, licensee, trespasser o Breach Skill level, occupation, emergency situation, conduct of others • 4 Elements of Negligence continued: o #3: Cause Defendant was the cause of the tort Element of causation, proximate cause/direct cause Proximate Causation: 2 elements have to show both 1 AND 2 1) factual causation : 2 views/standards have to show either (a) OR (b) (a) causation in fact/ “but-for” causation- would the injury not occurred, but-for the carelessness of the defendant- in other words, the defendant’s carelessness is the cause of the injury OR (b) substantial factor- the defendant’s carelessness was a substantial factor in the injury 2) reasonable foreseeability : - plaintiff must show that it was reasonably foreseeable that the defendant’s carelessness cause the plaintiff’s injury- at what point do we let the defendant off the hook for a series of events? it has to be decided by the jury or fact finder ****** if you can show #1 but not #2, then the case is done, there is no negligence****...
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This note was uploaded on 04/02/2011 for the course LEB 320 taught by Professor Cole,bradley during the Spring '11 term at Alfred University.
- Spring '11