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Civil Law 3.4 negligence

Civil Law 3.4 negligence. Elements of Negligence. Duty : a legal obligation Breach of Duty : violation of a duty, either by engaging in an action or failing to act Causation : the reason an event occurs; that which produces an effect

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Civil Law 3.4 negligence

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  1. Civil Law3.4 negligence

  2. Elements of Negligence • Duty: a legal obligation • Breach of Duty: violation of a duty, either by engaging in an action or failing to act • Causation: the reason an event occurs; that which produces an effect • Damages: the injuries or losses suffered by one person due to the fault of another

  3. Reasonable Person Standard • Civil law involves the “reasonable person”: someone who is an idealized version of the average individual. • If you do not behave the way the “reasonable person” would, you have breached a duty. • The “reasonable person” balances the likelihood and seriousness of harm against the burden of avoiding the harm.

  4. Causation • There must be proof that the defendant’s acts caused the harm to the plaintiff. • Cause in fact: the plaintiff must prove he or she would not have been harmed if the defendant had not acted wrongfully • Proximate cause: the harm caused must have been the foreseeable act of the defendant’s wrongful acts

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