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Full-Text Articles in Law
The Restatement (Third) And The Place Of Duty In Negligence Law, John C.P. Goldberg, Benjamin C. Zipursky
The Restatement (Third) And The Place Of Duty In Negligence Law, John C.P. Goldberg, Benjamin C. Zipursky
Vanderbilt Law Review
A prima facie case of negligence has four elements: duty, breach, causation, and injury. In plain English, a person suing for negligence alleges that the defendant owed her a duty of reasonable care and injured her by breaching that duty. Every state adheres to the four-element account,' with perhaps two exceptions. That ac- count was prominent in the various editions of Prosser's treatise, and is likewise prominent in Professor Dobbs' successor treatise. Leading casebooks also feature the four-element formula.
Given the widespread adoption of the four-element test, one would have expected to encounter it somewhere in the two drafts of …
Recent Case Developments, Jeffrey W. Stempel
Recent Case Developments, Jeffrey W. Stempel
Scholarly Works
Recent case developments in Insurance Law in the years 2000 and 2001.