B breach of duty did the d do something or fail to do

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b. breach of duty: did the D do something or fail to do something a reasonable person would or would not have done under the same circumstances? c. causation: Actual/Proximate Actual cause is not enough to establish liability. Must have: “Proximate cause : that which in a natural and continuous sequence, unbroken by any efficient intervening causes, produces the injury and without which the result would not have occurred.” Forseeability : “when the injuries could not reasonably have been foreseen as the natural, reasonable, and probable result of the original negligent act, then there can be no recovery.” d. damages: was the Plaintiff damaged as a result of Defendant’s act? 2 . Res ipsa loquitur : “the thing speaks for itself” a legal doctrine that allows a judge or jury to infer negligence on the basis of the fact that accidents of the type that happened do not happen in the absence of negligence. 3. Negligence per se: doctrine that allows prove of violation of statute as evidence of negligence. 4. Contributory negligence : defense to negligence that consists of proving the plaintiff’s own negligence caused or contributed to cause the injury. Last Clear Chance Rule: The Jackass Rule : If the person, P or D, 3
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who has the last clear chance to avoid the injury fails to use ordinary care to avoid it, then that negligence would be the proximate cause. 5. Comparative negligence : defense to negligence that allows fact finder to compare relative negligence of parties and apportion liability and damages. 6. Assumption of the risk : a defense to negligence that P voluntarily placed himself or herself in a position of danger and assumed the risk of the injury that occurred from a known danger. 7. Superseding or intervening negligence C. Strict Liability Torts IV. Cyber Torts 4
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