The common-law remedy of negligence is “the omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do.”2 The elements of negligence are (1) a duty or obligation recognized by the law that requires a certain standard of conduct to protect others against unreasonable risks, (2) a failure by the defendant to conform to the standard required, (3) a cause-and-effect relationship between the conduct and the resulting injury, (4) actual loss or damage to the interests of another, and (5) reasonable foreseeability.
Weitere Kapitel dieses Buchs durch Wischen aufrufen
- Negligence and Absolute Liability
Ronald W. Tank
- Springer US
- Chapter 2