Negligence overview

Question 1

How to approach a negligence question

Answer 1

• Essays
  
  • use headings for each element
  • use the facts - factual analysis

Question 2

What are the elements of negligence?*******

Answer 2

1. Duty - does the law impose a legal obligation on Δ to P
2. Standard of Care - is the measure of the duty owed
3. Breach of Duty - the failure to meet the standard of care ****
4. Cause in Facrt (actual cause)- connects Δ’s breach to P’s injury
5. Proximate Cause - are there policy reasons to cut off liability even if other elements met
6. Damages - P must prove in order to recover
7. Defenses