October Sixth 2010 Negligence : the failure to do what a reasonable person would do under the same or similar circumstances; the failure to satisfy a “reasonable person” standard of care. If the person is not found on intentional tort (it wasn’t an intentional act) then the try to get him for negligence. Negligence cases are decided by a jury and many juries end in dumb decisions Elements of negligence : • Duty: the standard of care (consistent with the actions of a reasonable person) that defendant owes plaintiff. An unreasonable risk of harm defies standard. • Breach of duty: defendant fails to satisfy the reasonable standard of care. If you have determined that the defendant has a duty, did the breech it • Causation: proximate cause (legal cause)– defendants conduct (amounting to a breach of duty) causes plaintiff’s harm. “But for test” …. “foreseeability – limit liability. But for test was difficult because it was hard to draw the line; foreseeability draws that line.
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