This course discusses and gives an overview of negligence -- one of the primary areas of tort law that paralegals must deal with and understand thoroughly.
Negligence can be defined as the failure to exercise reasonable care to avoid injuring another person or another person's property. The plaintiff must typically establish four things in order to prove negligence: duty, breach, causation and damages. They must also prove that the defendant owed a duty to the plaintiff. Lastly, it is necessary to prove that the defendant in the case breached that duty.
In order to prove breach, the plaintiff must have evidence to show that the defendant did not act in a reasonable manner. They must also prove cause. If they can prove these four elements, then they might be eligible for punitive or compensatory damages.
Course Objectives
- By the end of this course, students will have a better understanding of duty and breach of duty.