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Cause of action for neg
Must have duty, breach/standard, causation, and damages
Duty of Care?
Generally, reasonable person - would reasonable person have forseen conduct might have created a risk that caused teh injury.
personal held to standard of prudent person under similar circumstances. So what would that person have reasoanbly done? Ex. Reasonable contractor would clean up after the day.
Actual causation is but for. Proximate cause -- reasonably forseeable.
Intervening Cause and Proximate Cause
Unforseeable, intervening event that is also a cause in fact may negate proximate cause.
Injured party's negligence that contributed to injury. Doesn't bar recovery unless drunk and you caused more than 50% of accident, or if you are in the commission of a felony. Just reduces damages.
Breach of Contract Damages
Recovered only for such losses as were reasonably contemplated by the parties at time K entered into.
One who enters onto land of another wiht permission for his own purposes or biz ones rathor than possessors benefit. Landlord or invitor must use reasoanble care in conducting activities in presence of licensee.
Assumption of risk
Not a defense, factor in determining comparative neg attributed to the parties. Pltf voluntarily undertakes activity knowing of risk involved, then they assume the risk.
Doctrine of Respondent Superior
Employer vicariously liable for tortious acts committed by employee within the scope of their employment relationship. Not liable for independent contractors. IC determined based on degree of control the principal exercises over manner in which worker performs.
marital community liable for all activities undertaken by either spouse on behalf of community. If living seperately, may avoid liabilkity if facts warrant. Can't disclaim liability for spouse's actions if not actually communicated to third party, an d third party doesnt agree to release the community liability.
owner has action for trespass to chattels for intentional interference with possession or iwth the physicial condition of it. But must show damage to the property.
Abolished. Spouse can sue husband for damages.
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