Elements of Negligence
Learn about the required elements necessary to prove negligence, including the duty of care, breach of duty, actual and proximate causation, and actual harm.
Now, let's talk about the biggest and baddest concept you're likely to encounter in your first-year torts class: negligence. Now, bear in mind that negligence is a powerful beast. It can't be defeated quickly. Rather, it has to be tackled bit by bit, little by little, until you've mastered it. Hence the reason we're devoting two whole tutorials to it.
I. Elements of Negligence
The five basic elements of negligence are as follows: (1) the defendant must owe a duty to the particular plaintiff...