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CIVIL NEGLIGENCE (3 Elements of Negligence (Damage Caused By Breach (Must…
CIVIL NEGLIGENCE
3 Elements of Negligence
Duty of Care
Legal duty imposed on a person that requires that person to take reasonable care when performing certain acts.
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Damage Caused By Breach
Defendant's breach of duty caused damage, injury or loss to the plaintiff.
Must be causation.
If nobody was injured and no property was damage, the defendant cannot be sued for negligence.
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Remedies
Damages
A 'common law' remedy that refers to a payment of money as compensation for damage, injury or loss suffered.
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Specific Performance
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A court order to stop the defendant from embarking on a tortious act or from continuing such as act.
Vicarious Liability
Liability of an employer for a tortuous act committed by an employee in the normal course of employment.
Employer is usually held liable because they are responsible for employing the employee in the first place and derives a profit from the employee's work.
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