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Torts can be intentional or negligent.
Both require (1) duty (2) breach (3) causation (4) damages.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Duty, breach, causation & damages. They are different things. Good luck.
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Tort law is essentially the law of negligence. Negligence is:
3) Proximate Cause
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Avvo Email - Rated Professionals. Expert Advice.The elements are: 1. Duty, 2. Breach, 3. Causation, 4. Damages.
Negligence is a tort.
This response is general legal information. To the extent it is advice, it applies only to North Carolina, the state where Locke Milholland is licensed to practice law. The response applies only to the limited facts presented. Additional or different facts may result in a different response. This response does not and is not intended to create an attorney client relationship.
**Disclaimer** I am licensed to practice in North Carolina. I practice out of Raleigh and Wake County. This answer, to the extent it provides legal advice, is fact specific, and only intended for the jurisdiction where I am licensed.
Duty, by statute, contract or assumed
Breach of Duty or Standard of Care
Causation, Breach caused damages
You must have all 4 to have a claim
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All of the duty breach cause and harm answers are absolutely correct. But, without including foreseeability into the analysis you would miss a key ingredient into any negligence prima facie case. Foreseeability can come into both the duty and the causation elements.
/s/ Professor Myers
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
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