Negligence (overview)

Question 0

Elements of a Prima Facie Case for Negligence

Answer 0

1) duty owed (standard of care)
2) breach of duty
3) damages
4) factual casual connection
5) legal casual connection (proximate cause)

Question 1

Negligence defined:

Answer 1

Any conduct, except conduct recklessly disregardful of the interest of others, which falls below the standard established by law for the protection of others against unreasonable risk of harm.

Question 2

What is Duty Owed?

Answer 2

The duty to act with reasonable care

Question 3

What is Breach of Duty

Answer 3

D’s conduct must have fallen below the standard of care.

Conduct which is unreasonable under the circumstances

Question 4

What does damages require?

Answer 4

P must have suffered actual harm to their person or property.

Question 5

What does Factual causal connection require?

Answer 5

There must be a factual link between Ds negligence conduct and Ps harm.

Question 6

What does Legal Causal Connection or Proximate cause require?

Answer 6

A policy-based method of cutting off liability when Ds conduct only remotely connected Ps harm to their actions.