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.)