10) Negligence - General

Question 1

negligence: elements

Answer 1

1) duty
2) standard of care
3) breach of duty
4) cause in fact
5) proximate cause
6) damages
7) defenses

Question 2

duty: def

Answer 2

law imposes a legal obligation from D to P

Question 3

SOC: def

Answer 3

measure of the duty owed

Question 4

breach: def

Answer 4

failure to meet the standard of care

Question 5

cause in fact: def

Answer 5

connects D’s breach to P’s injury

Question 6

proximate cause: def

Answer 6

policy reasons to cut off liability even when other elements are established

Question 7

damages: rule

Answer 7

required!: P must prove damages to recover for negligence