Negligence

The traditional division of negligence into duty, breach of duty, causation (cause in fact and proximate cause), and damages provides the structure of this lesson. The student will find navigation to an individual section or even to an individual area (such as res ipsa loquitur within breach of duty) easy. The most likely use of the lesson is as a review and test of understanding following classroom discussion, but the questions can also be used to preview that discussion. Because the lesson is lengthy, the student is invited to divide it into at least two sessions. The lesson is designed to reinforce the student's understanding of the basic law of negligence, and then to lead far beyond the elements of the tort into factual applications, policy considerations, and argument evaluation.

Numerous hypertext links and citations to authorities invite the student to consideration of differing views and to further research into the area. The lesson often engages the student in a "dialogue" on the merit of a response.

Lesson ID: 
TRT05
0.5 - 1 hour for each section.

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Lesson Authors

photo
Douglas McFarland,
Professor of Law and Associate Dean for Teaching & Scholarship
Hamline University School of Law

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