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Comparative and Contributory Negligence

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Duty of Care

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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.

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Breach of Duty

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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.

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Causation in Fact

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Refers to the actual cause-and-effect relationship between the breach of duty and the harm experienced by the plaintiff.

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Proximate Causation

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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.

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Damages

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

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Defenses to Negligence

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Legal arguments that a defendant can present in a negligence case to reduce or eliminate their liability, including contributory and comparative negligence.

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Contributory Negligence

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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.

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Comparative Negligence

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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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