Module 6 Flashcards
0
Q
What is the element of duty?
A
The legally recognized relationship between parties
1
Q
What are the six elements of negligence?
A
- Duty
- Standard of care
- Breach of duty
- Cause in fact
- Proximate cause
- Damages
- —– - Defenses
2
Q
What is the element of standard of care?
A
The measure of the duty owed. A reasonably prudent person
3
Q
What is the element breach of duty?
A
Failure to meet the standard of care
4
Q
What is the element cause in fact?
A
Plaintiff’s harm must have the required nexus, connection, to the defendants breach of duty
5
Q
What is the element proximate cause?
A
No policy reasons to relieve the defendant of liability
6
Q
What is the element of negligence damages?
A
The plaintiff suffered a cognizable injury
7
Q
What is the rule for standard of care?
A
The defendant must act like a reasonably prudent person under the same/similar circumstances
