Negligence

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Chapter 5

• Negligence
• Damages
• Civil Procedure

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Negligence

• Duty Owed
• Breach of that Duty
• Proximate Cause of
• Injury or Damage

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Negligent

• Careless or reckless
• Being Stupid
• Foreseeability Reasonable Person

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Causation

• The Breach of duty caused the injury.
• No intervening acts.
• It is reasonably foreseeable that the injury will
  result.

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Damages

• Injury or Harm
• If no damage, then no recovery.

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Defenses

• All persons (including children insane persons)
  are responsible for damages as a result of their
  actions.
• Contributory Negligence
• No recovery
• Comparative Negligence - Recovery based on
  degree or percentage of fault. (Calif. Law)

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Defenses

• Assumption of the Risk- When plaintiff is aware
  of the danger, decides to subject themselves to
  the risk.
• Examples

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Vicarious Liability

• Crap rolls up hill.
• Employers are liable for their employees actions
  if performed in the scope of their employment.
• Parents are liable for the torts of their
  children.

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Draft

• A draft is a three-party instrument that is an
  unconditional written order by one party that
  orders the second party to pay money to a third
  party.
• Drawer of a draft
• Drawee of a draft
• Payee of a draft

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Damages

• Compensatory
• Exemplary
• Injunctions
• Specific Performance

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Stages of a Trial

• Jury Selection
• Plaintiffs Opening Statement
• Defendants Opening Statement
• Plaintiffs Case in Chief- Defendant cross-exam
• Motion for Directed Verdict
• Defendants Case in Chief (Plaintiff cross-exam)
• Plaintiffs Closing Arguments
• Defendants Closing Arguments
• Jury Instructions
• Jury Deliberation and Verdict Award
• Motion for Judgment Notwithstanding the Verdict
• Appeal
• Collection on the Judgment

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Next Class

• Chapter 6 Contracts
• Continue to read all of Unit 2 Contracts
  (Chapters 6 11.)

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