BUS 415 Week 3 Synopsis of Tort Cases Paper (Scenario 2)

BUS 415 Week 3 Synopsis of Tort Cases Paper (Scenario 2) -...

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There are four elements to a tort of negligence, all of which must be present before the court can order a remedy. Firstly, the defendant must owe a legal duty to the victim. A duty is a legally enforceable obligation to conform to a particular standard of conduct. Except in malpractice and strict liability cases, the duty is set by what a "reasonable man of ordinary prudence" would have done. There is a general duty to prevent foreseeable injury to a victim. Secondly, there must be a breach of the duty. Thirdly, the breach must be the cause of an injury to the victim. The causation does not need to be direct: defendant's act (or failure to act) could begin a continuous sequence of events that ended in plaintiff's injury, a so-called "proximate cause". Lastly, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery. For a defendant to be liable for negligence he/she must have: (1) owed the plaintiff a duty of care; (2) breached that duty; (3) by so doing caused damage to the plaintiff; and (4) that damage must not have been too remote. There are two types of causation in the law, cause-in-fact and proximate (or legal) cause.
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This note was uploaded on 01/05/2012 for the course 101 melissa jo taught by Professor Acc101 during the Spring '11 term at Aarhus Universitet.

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BUS 415 Week 3 Synopsis of Tort Cases Paper (Scenario 2) -...

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