KRISTIN’S TORTS OUTLINE-2006 Steps in negligence case: 1. DUTY 2. BREACH 3. CAUSATION “BUT-FOR” First figure out if there is cause in fact (factual causation) PROXIMATE - then you can also see if there is proximate causation (foreseeablility- was the negligence the type of negligence toward the type of victim that might be expected?) 4. DAMAGES DUTY OF CARE     In a negligence case, the P must prove that the D violated (breached) his duty of care owed to the P. What was D’s duty in this case? All Ds have the duty to act as a reasonably prudent person would act in similar circumstances Consider whether your duty is to a single person or to the general public The Reasonably Prudent Person What the RPP would do, can be figured out by looking at statutes, trade usage, custom, common sense, the Hand formula, etc. HAND FORMULA       Probability- P (probability of the accident occurring if the precautions were not taken) Injury- L (the loss that would result if the accident occurred) Burden-B (cost of the untaken precaution that the P claims the D should have used) Liability depends on whether the B is less than L multiplied by P B

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posted:5/3/2008

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