Duty - In this you have to show what needed or did not need to be done to show reasonable care. - You could address the Andrews rule that says you have a duty to all to have reasonable care - Or the Cardozo rule which would ask if it the injury was foreseeable.
Breach - After you have identified that there was a duty, now show that the person broke that duty or there was a breach. Cause in Fact - This is the “without which not test” or “more likely than not without the negligence of D the injury would not have occurred”. Proximate Cause - Did the tort cause the injury or was there a superceding action. Things not to forget In torts to unborn children: If the baby dies there is a duty owed to the parents. In majority jurisdiction it is from viability; in minority jurisdictions it is from conception and even birth. If the baby is born there is a duty owed to it and the child. For wrongful birth actions a majority of jurisdictions allow recovery of extraordinary circumstances and a minority will allow for this and emotional distress as well. If there is emotional distress but no physical impact or physical injury then most courts do not allow for recovery. For licensee the owner has a duty to warn of known dangers but not unknown. Where as invitees he has to protect against unknown dangers as well. In some jurisdiction the burden of proff switches if it is a police officer. 1. some courts put you in the shoes of the other person for SD and other allow a mistake under reasonable conditions. Proximate Cause 2. Egg Shell = foreseeable injury + unforeseeable extent of injury 3. Forseeable consequences Manor in which event occurs need not be foreseeable as long as the injury is. 4. Foreseeabel intervening cause This would be like a person coming to the rescue 5. Unforseeable manor but a foreseeable injury 6. unforeseeable intervening cause and a foreseeable injury 7.