LE 101 Lecture Notes - Lecture 15: Gross Negligence, Contributory Negligence

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Negligence- failure to act, or use due care as a reasonable person under the same or similar circumstances. As people we have to exercise due care under all circumstances. Sauer v hebrew institute of long island, inc: situation where campers at a summer camp were playing in a water fight and a child slipped and fell in the wet grass. Parents sued the camp: court found that the defendant was not guilty because the children were supervised at all times and they did not breach their duty to the children. Actual cause-also known as cause in fact, this is measured by the but for standard; but for the defendant"s actions, the plaintiff would not have been injured. Proximate cause-once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.

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