Chapter 5

Negligence

Damages

Civil Procedure

Negligence

• Duty Owed• Breach of that Duty• Proximate Cause of • Injury or Damage

Negligent• Careless or reckless• “Being Stupid”• Foreseeability – “Reasonable Person”

Causation

The Breach of duty caused the injury.

No intervening acts.

It is reasonably foreseeable that the injury will result.

Damages

Injury or Harm• If no damage, then no recovery.

Defenses

All persons (including children & insane persons) are responsible for damages as a result of their

actions.• Contributory Negligence

– No recovery• Comparative Negligence

- Recovery based on degree or percentage of fault. (Calif. Law)

Defenses

• Assumption of the Risk:- When plaintiff is aware of the danger, decides to subject themselves to the risk.

• Examples:

Vicarious Liability

• Crap rolls up hill.

• Employers are liable for their employees actions if performed in the scope of their employment.

• Parents are liable for the torts of their children.

Draft• A draft is a three-party instrument that is

an unconditional written order by one party that orders the second party to pay money to a third party.– Drawer of a draft

– Drawee of a draft

– Payee of a draft

Damages

• Compensatory

• Exemplary

• Injunctions

• Specific Performance

Stages of a Trial• Jury Selection• Plaintiff’s Opening Statement• Defendant’s Opening Statement• Plaintiff’s Case in Chief

- Defendant cross-exam• Motion for Directed Verdict• Defendant’s Case in Chief (Plaintiff cross-exam) • Plaintiff’s Closing Arguments • Defendant’s Closing Arguments• Jury Instructions • Jury Deliberation and Verdict – Award • Motion for Judgment Notwithstanding the Verdict• Appeal • Collection on the Judgment

Next Class

• Chapter 6 Contracts

• Continue to read all of Unit 2 – Contracts (Chapters 6 – 11.)