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Comparative and Contributory Negligence
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Damages
Refers to the quantifiable money awarded to a plaintiff to compensate for losses suffered as a result of the defendant's negligence.
Duty of Care
A legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
Breach of Duty
A violation of a legal or moral obligation to another person. It typically describes a situation where conduct falls below the standard of care required by law and results in harm to another person.
Causation in Fact
Refers to the actual cause-and-effect relationship between the breach of duty and the harm experienced by the plaintiff.
Proximate Causation
Relates to the scope of the defendant's responsibility in a negligence case. It limits the defendant's liability to consequences that were a foreseeable result of the defendant's actions.
Contributory Negligence
A strict defense where if the plaintiff is found to have contributed to the harm they suffered in any way, they may be barred from recovering damages.
Defenses to Negligence
Legal arguments that a defendant can present in a negligence case to reduce or eliminate their liability, including contributory and comparative negligence.
Comparative Negligence
A partial legal defense that reduces the amount of damages that a plaintiff can recover based on the percentage to which the plaintiff is found to be at fault.
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