Professional Documents
Culture Documents
Business Law and The Legal Environment For A New Century: Alternate Edition
Business Law and The Legal Environment For A New Century: Alternate Edition
Business Law and The Legal Environment For A New Century: Alternate Edition
6
Business Law and the Legal Environment for a New Century
Alternate Edition
Negligence -- “The Unintentional Tort”
To win a negligence case, the plaintiff must
prove that the defendant failed in five areas:
Duty of due care -- there must be a duty
owed to the plaintiff.
Breach -- duty must be breached.
Factual cause -- the injury must have been
caused by the defendant’s actions.
Foreseeable harm -- it must have been
foreseeable that the action would cause
this kind of harm.
Injury -- the plaintiff must have been hurt.
6
Business Law and the Legal Environment for a New Century
Alternate Edition
Breach of Duty
A defendant breaches his duty of due care by
failing to behave the way a reasonable person
would under similar circumstances.
Factual
Car Noise from Mechanic is cause, but
accident, accident startles NOT liable no
car hitting someone who falls for falling foreseeable
bicyclist out a window person type of injury
Car accident, No
Bicyclist hits Mechanic is
car factual
6
pothole and NOT liable
does not hit cause
crashes to cyclist
bicyclist
6
Business Law and the Legal Environment for a New Century
Alternate Edition