BLAW 3175 Lecture Notes - Lecture 20: Damages, Comparative Negligence
27 Apr 2018
School
Department
Course
Professor
Business Law 3175 Section 002
Professor DeAngelis
Lecture #20
- Negligence
- Duty
- The defendant owes a duty of care to the plaintiff. The usual duty that is
owed is to act as a reasonably prudent (careful) person under all the
circumstances
- Break of Duty
- The defendant failed to act reasonably prudently (carefully) in relation to
the plaintiff
- Causation
- The breach of the duty was an actual cause of the plaintiff’s losses and the
plaintiff’s injuries were also a foreseeable result of the carelessness
- Injury
- The plaintiff suffered property damage, financial loss, or a discernible
injury to the person
- Joint and Several Liability
- Most states people are together and individually responsible
- The Plaintiff can collect from any of the defendants
- The defendant can collect from the other defendants
- Makes it so that the injured party is not stuck with charges
Document Summary
The defendant owes a duty of care to the plaintiff. The usual duty that is owed is to act as a reasonably prudent (careful) person under all the circumstances. The defendant failed to act reasonably prudently (carefully) in relation to the plaintiff. The breach of the duty was an actual cause of the plaintiff"s losses and the plaintiff"s injuries were also a foreseeable result of the carelessness. The plaintiff suffered property damage, financial loss, or a discernible injury to the person. Most states people are together and individually responsible. The plaintiff can collect from any of the defendants. The defendant can collect from the other defendants. Makes it so that the injured party is not stuck with charges. The jury"s verdict is not the end of the case. The judge fashions a judgement based on their decisions. The ones you can figure out on calculator. What you won"t be able to make anymore due to injury.
