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Civil Law 3.4 negligence
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Elements of Negligence
Duty: a legal obligation Breach of Duty: violation of a duty, either by engaging in an action or failing to act Causation: the reason an event occurs; that which produces an effect Damages: the injuries or losses suffered by one person due to the fault of another
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Reasonable Person Standard
Civil law involves the “reasonable person”: someone who is an idealized version of the average individual. If you do not behave the way the “reasonable person” would, you have breached a duty. The “reasonable person” balances the likelihood and seriousness of harm against the burden of avoiding the harm.
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Causation There must be proof that the defendant’s acts caused the harm to the plaintiff. Cause in fact: the plaintiff must prove he or she would not have been harmed if the defendant had not acted wrongfully Proximate cause: the harm caused must have been the foreseeable act of the defendant’s wrongful acts
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