Smith v. United States Gypsum Attached Brief

Smith v. United States Gypsum Attached Brief - Smith v....

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Smith v. United States Gypsum Company Issue Can Smith recover for negligence from United States Gypsum Company? Can Smith recover for recklessness from United States Gypsum Company? Rule Negligence is a legal duty owed from defendant to plaintiff, that was breached, the plaintiff suffered injuries and the breach of duty was the cause of the injury. 1)Duty - is the foreseeability to prevent the risk of harm. 1.1) foreseeability - is the ability to anticipate an event before it occurs. 2)breach - is the act or omission 3)damage - includes bodily harm and property damage 4)causation - Actual cause / proximate cause and But For. Actual Cause - is the main reason for the injury Proximate cause - are the events that lead directly to the injuries. But for - is the final showing, but for the event . ... the plaintiff would not have been injured. Compensatory damages - money paid to plaintiff to recover and restore to a state before events. punitive damages - is money paid to plaintiff to deter and punish current and future defendants.
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This note was uploaded on 03/28/2012 for the course BLAW 280 taught by Professor Ng during the Spring '11 term at CSU Northridge.

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Smith v. United States Gypsum Attached Brief - Smith v....

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