Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
9 Cards in this Set
- Front
- Back
|
What are the elements of negligence?
|
Duty to Use Reasonable Care, Breach of Duty, Causation, and Damages
|
|
|
Duty to Use Reasonable Care (Standard of Care)
|
Requires the actor to conform to a certain standard of conduct, for the protection of others against unreasonable risks.
|
|
|
Breach of Duty
|
A failure to conform to the required standard.
|
|
|
Causation
|
A reasonably close causal connection between the conduct and the resulting injury.
|
|
|
Damage
|
Actual loss or damage resulting to the interests of another.
[Nominal damages cannot be recovered if there were no actual damages.] |
|
|
Nuisance
|
Negligent conduct that threatens but does not harm.
|
|
|
Two Types of Negligence Jurisdictions
|
1. Contributory Negligence
2. Comparative Negligence |
|
|
Contributory Negligence Jurisdictions
|
If the defendant is successful in his defense, the plaintiff will not receive damages.
|
|
|
Comparative Negligence Jurisdictions
|
If the defendant is successful in his defense, P's damages will be reduced.
|
