The tort of negligence occurs when someone suffers injury because of another's failure to [blank_start]live[blank_end] [blank_start]up[blank_end] [blank_start]to[blank_end] a required duty of care.
In contrast [blank_start]to[blank_end] intentional torts, in torts involving negligence, the tortfeasor neither wishes to being about the consequences of the act nor believes that they will occur. The [blank_start]actor's[blank_end] conduct merely creates a risk of such consequences.
To succeed in a [blank_start]negligence[blank_end] action, the plaintiff must prove each of the following:
-Duty. That the defendant [blank_start]owed[blank_end] a duty of care [blank_start]to[blank_end] the plaintiff.
-Breach. That the defendant [blank_start]breached[blank_end] that duty.
-Causation. That the defendant's breach caused the plaintiff's injury.
-Damages. That the plaintiff suffered a legally [blank_start]recognizable[blank_end] injury.
When someone fails to comply with the duty to [blank_start]exercise[blank_end] reasonable care, a potentially tortious act may have been committed.
Tort law measures duty by the [blank_start]reasonable person standard[blank_end].
reasonable person standard
Causation in fact usually can be determined [blank_start]by use of[blank_end] the "but for" test.
by use of
Under the common law doctrine of contributory negligence, no matter how insignificant the plaintiff's negligence was [blank_start]relative[blank_end] [blank_start]to[blank_end] the defendant's negligence, the plaintiff would be [blank_start]precluded[blank_end] [blank_start]from[blank_end] recovering damages.