1. Define negligence.
Negligence is the failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.
2. The 5 elements required for negligence are as follows. Describe each. a. Duty- The obligation of one person to another person. Duty constrains and channels behavior in a socially responsible way before the fact, and it provides a basis for judging the propriety of behavior thereafter b. Breach- implies the preexistence of a standard of proper behavior to avoid imposing undue risks of harm to other persons and their property, which circles back to duty. c. Cause in Fact- provides the central negligence element that links the defendant’s wrong to the plaintiff’s harm. d. Proximate Cause- a reasonably close connection between a defendant’s wrong and the plaintiff’s injury, a connection that is not remote. More broadly, proximate cause is a doctrine that serves to limit a tortfeasor’s responsibility to the consequences of risks viewed fairly as arising from the wrong. e. Harm (damages)- the damage a plaintiff suffers as a proximate result of a defendant’s breach of duty. Harm includes things such as: physical injury, death, and property damage.
3. There are 5 kinds of negligence. Describe each. a. Vicarious Negligence- This is when a defendant is held liable for the negligence of another person. This typically applies in situations where children caused serious injury, when a dangerous animal caused something such as a dog bite or if an employer was negligent in watching the actions of an employee. b. Negligence Per Se- is a doctrine within the law of Unites States of America whereby an act is considered negligent because it violates a statute (or regulation). c. Contributory Negligence- Should the