Torts – the saga continues

Torts – the saga continues - Torts the saga...

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Torts – the saga continues . . . Negligence and Strict Liability
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Negligence Palsgraf – Judge Cardozo Defendant owed plaintiff a duty of care That duty was breached by defendant The breach was the proximate cause of the injury Harm reasonable foreseeable from the conduct (breach of duty) Plaintiff was actually injured
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Negligence – Unintentional Tort Elements Plaintiff MUST prove: Duty of due care -- there must be a duty owed to the plaintiff. Breach -- duty must be breached. Factual cause -- the injury must have been caused by the defendant’s actions. Foreseeable harm -- it must have been foreseeable that the action would cause this kind of harm. Injury -- the plaintiff must have been hurt.
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If a defendant could have foreseen injury to a particular person, she has a duty to him. In some states, a social host serving alcohol to an adult may be found liable for harm done by the person drinking the alcohol. Many states have “dram shop laws,” making liquor stores, bars and restaurants liable for serving drinks to intoxicated customers who later cause harm.
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Torts – the saga continues - Torts the saga...

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