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Negligence - Causation
posted on in Torts by BarProse

Causation

Issue

Causation may be addressed under one heading or with sub-headings for Actual Cause and Proximate Cause.

Rule
July 2014 #6 Model A To show cause, the plaintiff must show actual cause (that the plaintiff's injury would not have happened but for the ...
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Negligence - Breach
posted on in Torts by BarProse

Breach

Rule
July 2014 #6 Model A When the defendant's conduct falls below the relevant standard of care, the defendant has breached his duty.
July 2011 #1 Model A Breach determi...
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Negligence - Duty
posted on in Torts by BarProse

Duty

Issue

You may choose to address Duty under a single general heading or with two additional sub headings for Duty of Care and Standard of Care.

Rule

Make sure your rule statement addresses Duty of Care (“to whom the duty is owed”) and the Standard of Care. The duty and standard are frequently combinable; however combining duty with breach will...

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