Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 8, Problem 1CO
Summary Introduction

To discuss: The three needed elements of an action for negligence.

Expert Solution & Answer
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Explanation of Solution

Duty of care: A legal responsibility needed the offender to conform to the standard of behaviour implemented for the protection of others.

Breach of duty: The offender unsuccessful to exercise sensible care.

Factual cause: The offender’s failure to workout sensible care in fact caused the injury the petitioner continued.

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Students have asked these similar questions
Identify the legal concept of negligence and discuss the elements necessary to establish a negligence cause of action as discussed in the text. Be sure to pay particular attention to the issues of causation, foreseeability, proximate cause, and the defenses one may have to a negligence lawsuit as evidenced in Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928).
Identify and explain the elements of negligence.
In a legal brief on negligence the following statement was made: "Where negligence can be established, it is no defense that the negligent action was in full compliance with all government regulations and permit conditions." Explain why this defense may not be valid.
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