Week 3 Assignment - Jeremy Pflug

Week 3 Assignment - Jeremy Pflug - Jeremy Pflug Week 3...

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Jeremy Pflug Week 3 Assignment Chapter 9 - #6 There are 5 elements of the tort of negligence; Duty, Breach of Duty, Causation, Proximate Cause, and Damages. When examining this case, the first element is duty. Duty is they we are to act like an ordinary and sensible person under all circumstances. Ms. Tom was simply walking around the store. If she were running, or disregarded a posted caution sign then duty could not be used in this case. Since, she was simply walking in a store which is standard practice… this could be used here. The second element is breach of duty. This is where the duty has been determined and the person did not adhere to what they were supposed to do. As stated above, Ms. Tom was not running around in the store. Her duty was to go into the store and make her purchases, and that what she was doing until she fell. The third element is causation. This element can be described as if it weren’t for a negligent act of the defendant, then the plaintiff would have resumed their duty. In this case, Ms. Tom would have
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Week 3 Assignment - Jeremy Pflug - Jeremy Pflug Week 3...

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