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Chapter 5 Negligence Damages Civil Procedure

Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

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Page 1: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

Chapter 5

Negligence

Damages

Civil Procedure

Page 2: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

Negligence

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

Page 3: 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”

Page 4: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

Causation

The Breach of duty caused the injury.

No intervening acts.

It is reasonably foreseeable that the injury will result.

Page 5: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

Damages

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

Page 6: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

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)

Page 7: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

Defenses

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

• Examples:

Page 8: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

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.

Page 9: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage
Page 10: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

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

Page 11: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

Damages

• Compensatory

• Exemplary

• Injunctions

• Specific Performance

Page 12: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

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

Page 13: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage

Next Class

• Chapter 6 Contracts

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

Page 14: Chapter 5 Negligence Damages Civil Procedure. Negligence Duty Owed Breach of that Duty Proximate Cause of Injury or Damage