Outline for Negligence

Blyth Butler

NEGLIGENCE MODEL ESSAY:

Negligence:

A. Issue:

1. Definition of negligence and component parts

2. What triggers negligence?

3. Defenses

B. Rule:

1. Common Law: A prima facie case of negligence exists IF the following conditions are proven:

a. Defendant had a duty of reasonable care.

b. Defendant breached that duty.

c. The breach was the actual and proximate cause of the plaintiff's injuries.

d. Some sort of damage occurred to the plaintiff or her property.

2. Duty of reasonable care definition

a. Every person has the duty to exercise the care

b. of a reasonable and prudent person

c. in the same or similar circumstances.

3. Breach of duty

a. Breach is a question of fact that must be proven by showing:

1. Some behavior occurred on the part of the defendant

2. AND defendant's behavior was unreasonable.

4. Actual and Proximate cause

a. Actual Cause exists IF

1. But-for the defendant's behavior, the harm would not have occurred.

b. Proximate Cause (or Legal Causation) limits liability to those harms that were:

1. foreseeable to the defendant by his behavior

2. BUT no liability exists for unforeseeable harms even if directly caused by defendant.

5. Defenses

a. Contributory Negligence

1. Plaintiff contributed to the negligent act.

2. Plaintiff is subject to same standard as negligence.

b. Assumption of risk doctrine

1. IF plaintiff knew the risk

2. AND voluntarily assumed the risk by engaging in the behavior

3. THEN plaintiff...