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Comparative and Contributory Negligence
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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.
Damages
Refers to the quantifiable money awarded to a plaintiff to compensate for losses suffered as a result of the defendant's negligence.
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.
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.
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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