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Chapter 20
Negligence -Everyone in society must act with a reasonable standard of care -Conduct falling below this standardŕNegligence -Examples -Surgeon forgetting to remove a clamp -Leaving a loaded gun out in the open -4 elements needed for negligence: -Duty -Defendant owed a duty of care to plaintiff -Legal obligation -Breach of duty -Defendant’s behavior violated that duty -Causation -Defendant’s conduct caused harm -Damages -Plaintiff suffered actual injuries
Breach and Duty -Reasonable person standard -Ideal citizenŕwhat would this person do? -If you break the law, automatically breach of duty -“Professionals” are compared against other professionals
Causation -Cause in fact -If the harm would not have occurred w/o wrongful act -Proximate cause -Close connection b/w wrongful act and harm -Was there foreseeable harm?
Damages -Must prove some actual injury/damage
Defenses to Negligence Suits -Contributory negligence -Plaintiff was also negligent in the act -Comparative negligence -Dividing the loss according to the degree to which each person is at fault -Counterclaim -Assumption of risk -Plaintiff voluntarily encounters a known danger -Getting hit w/baseball at ballpark -Posted warning signs
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