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Case Brief Presentation

Case Brief Presentation - the defendant breached the duty...

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Negligence: the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances ELEMENTS OF NEGLIGENCE Duty of Care: the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the “reasonable person standard,” constitutes negligence Reasonable Person: society’s judgement of how an ordinary prudent person should act Breach:
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Unformatted text preview: the defendant breached the duty of care • Causation: a sufficient causal connection between the negligent conduct and the resulting harm • Damages: the actual loss or harm OTHER KEY TERMS • Tort: a civil wrong not arising from a breach of contract. A breach of legal duty that proximately causes harm or injury to another • Tortfeasor: one who commits a tort • Proximate Cause: an event sufficiently related to a legally recognizable injury to be held the cause of that injury...
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