01:220:395 Lecture Notes - Lecture 15: Comparative Negligence
Document Summary
A wrongful act which does not involve a breach of contract for which the injured party can recover damages in a civil action. Sends signals to potential victims and injurers about how they should behave. Defendant"s act or failure to act must have caused the harm. Defendant"s act or failure to act must constitute the breach of a duty owned to the plaintiff by the defendant. Two elements of tort law, harm and proximate cause, are sufficient to establish liability. Defendants is totally responsible if there was a breach of duty.