1. What is negligence, and why is it the most common form of tort law?
Negligence is a person's 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
2. List 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.
3. Why was the Donoghue v. Stevenson case judgment so important for today's 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 manufacturer's liability and marked the beginning of negligence law.
4. Explain 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 one's 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
5.What 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 person's conduct in a particular situation is negligent
6. Why is proof of causation so important in a negligence action?
There must be a connection between the defendant's negligent act and the plaintiff's cause of action. Without it, no liability...