Foundations of Negligence Law

📋 Course Outline

1. Negligence Elements
2. Duty of Care
3. Breach of Duty
4. Causation
5. Damages
6. Defenses to Negligence
7. Contributory Negligence
8. Comparative Negligence
9. Assumption of Risk
10. Strict Liability Overview
11. Product Liability
12. Abnormally Dangerous Activities

📖 1. Negligence Elements

🔑 Key Concepts & Definitions

• Duty of Care: A legal obligation requiring individuals to avoid acts or omissions that could foreseeably harm others. It is established based on the relationship between parties and the standard of a reasonable person.

• Breach of Duty: Occurs when a party fails to meet the standard of care expected under the circumstances, such as acting negligently or failing to act when there is a duty to do so.

• Causation: The link between the breach of duty and the injury suffered. It has two components:

  • Actual Cause (Cause-in-Fact): "But-for" test; the injury would not have occurred but for the defendant's conduct.
  • Proximate Cause: Legal limitation on liability, focusing on whether the injury was a foreseeable result of the breach.

• Damages: The actual harm or injury suffered by the plaintiff, which can be economic (medical expenses, lost wages) or non-economic (pain and suffering).

📝 Essential Points