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Chapter 11 111-112 1What is negligence and why is it the most common form of tort law Negligence is a persons failure to exercise reasonable care which results in injury to another It is the most common form of tort law because they are unintentional or unplanned incidents that cause injury Examples automobile accidents medical malpractices 2List the key elements that a plaintiff must prove to succeed in a negligence action The key elements that must be proven are duty of care standard of care forseeability reasonable person causation actual loss and burden of proof 3Why was the Donoghue v Stevenson case judgment so important for todays consumers It was established that a manufacturer owes a duty of care to the buyer of a product and to most other persons who might be harmed as a result of that manufacturers negligence It gave rise to manufacturers liability and marked the beginning of negligence law 4Explain the difference between a duty of care and a standard of care in a negligence action Duty of care the obligation that is required to ensure that others are not harmed by ones actions Standard of care the degree of caution expected of a reasonable person when carrying out an action that involves risk of harm to others 5What is the connection between forseeability and a reasonable person Forseeability the ability of a reasonable person to anticipate or expect what might occur as a result of his or her actions Reasonable person the standard used in determining whether a persons conduct in a particular situation is negligent 6Why is proof of causation so important in a negligence action There must be a connection between the defendants negligent act and the plaintiffs cause of action Without it no liability for negligence exists 7In a tort action on whom does the burden of proof normally rest and why The burden of proof usually rests
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