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unit 2: section B
Negligence take 2
Intro to negligence
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Anosh Eric
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Cards (7)
what is negligence?
The failure to exercise
reasonable care
that results in
physical damage
,
psychiatric injury
or
economic loss
to others.
in the context of negligence, what is meant by physical damage?
Death,
personal injury
, damage to
property
what are the three elements needed to for a negligence claim?
Duty of care
, the
duty
of
care
was
breached
, there was a
causational link
between the
breach
of
duty
and
resulting death
Who is the burden of proof on, in the context of negligence?
The
claimant
What is the first element of Negligence
A
duty of care
was present
What is the second element to negligence?
The
duty of care
was
breached
What is the thrid element to negligence ?
There was a
causational
link between the damage caused and the
breach
of duty