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Negligence and Comparative Fault

Overview of the elements of negligence law and the affirmative defense of comparative negligence
by

Brigham Fordham

on 24 January 2014

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Transcript of Negligence and Comparative Fault

DEFENDANT'S
LIABILITY:
elements of a prima facia case for negligence
FONTS
breach
cause in fact
duty
what standard will
defendant
be held to?
Mental states
Persons with superior faculties
Physical infirmities
Age
Professionals
Rescuers

did
defendant
violate that standard?
Hand analysis
Custom
Statutes
Res Ipsa Loquitur

proximate cause
damages
comparative fault
breach
cause in fact
proximate cause
PLAINTIFF'S
FAULT:
elements of a contributory negligence affirmative defense
analyzing
breach

for the prima facia case
negligence law
analyzing
breach
for contributory negligence
what standard will
plaintiff
be held to?
Mental states
Persons with superior faculties
Physical infirmities
Age
Professionals
Rescuers

did
plaintiff
violate that standard?
Hand analysis
Custom
Statutes
Res Ipsa Loquitur

the jury must balance defendant's negligence against plaintiff's fault and reduce damages accordingly.
Full transcript