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Torts/Black Letter Law

Black Letter Law

Comprehensive torts outline for 1L

Negligence:

Elements of a cause of action. Prima facie elements for COA:

A. Duty

Existence of a duty to conform to a specific standard of conduct to protect plaintiff against unreasonable risk of harm.

THREE WAYS TO ESTABLISH DUTY

  • By Activity - By engaging in activity that increases risk of harm, one must act as a reasonable, prudent person. Zone of Danger: Area of increased risk.
  • By Statute - Violation of statute establishes duty and breach. P must be in protected class.
  • By Contract - Contract relationship creates duty (e.g., Attorney-client, Landlord-tenant).

B. Breach (fault element)

Conduct falling below the standard of care of a reasonable prudent person under the circumstances.

Res Ipsa Loquitur - "The thing speaks for itself." Requires: (1) accident wouldn't normally occur without negligence, (2) instrumentality in sole control of D.

C. Causation

  • Causation In fact - "But for" test: But for D's conduct, P would not be injured. Must prove more likely than not (51%).
  • Proximate causation - Cuts off liability even if caused in fact. D liable for all harmful results within increased risk caused by his acts.

D. Damages

P suffered injuries. Apportion damages for multiple tortfeasors.

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contracts_lecture_12.vtt• 45.2 KB
WEBVTT

00:00:01.000 --> 00:00:05.230
So today we're going to talk about
negligence, which is probably one of the
most tested areas on your torts exam.

00:00:05.500 --> 00:00:12.100
There are four elements you need to
establish for a negligence claim.
Duty, breach, causation, and damages.

00:00:12.400 --> 00:00:18.800
Let me repeat that because this will
definitely be on the final...
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Torts - Negligence Outline

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Torts I
Prof. Chen
Harvard Law School
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# Torts - Negligence

> Complete breakdown of duty, breach, causation, damages

---

## Elements of Negligence

A plaintiff must prove **four elements**:

1. **Duty** - Defendant owed a legal duty
2. **Breach** - Defendant breached that duty
3. **Causation** - Breach caused harm
4. **Damages** - Actual damages occurred

### ⚖️ Black Letter Law

The standard of care is that of a
**reasonably prudent person** under
similar circumstances.

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