Discussion Question

What are the core differences between intentional torts to negligence actions? How does the existence of a duty to act reasonably compare to intentional activity with a specific mens rea attributable to the activity?

Practice Question

Luther is driving through a parking lot and listening to music through his headphones. He inadvertently runs into Sandra, who is walking through the parking lot. What type of legal action potentially exists in this scenario?

• Negligence is the failure to take proper care, and, as a result, that failure causes injury or damage to someone else. Four elements are required to establish a prima facie case of negligence;
  • Duty. Duty is simply a legal obligation. In order to be used for negligence, the defendant must have owed the plaintiff a duty to care.
  • Breach of the duty to care. There must be evidence that the defendant breached the duty to care by either acting contrary to how they were expected to act or an omission in that duty to care.
  • Cause. That the defendant caused the breach of care that caused the harm to the plaintiff. There must be a connection between the defendant and the action.
  • Harm/damages/injury. That the plaintiff suffered some injury or damages due to the breach of duty by the defendant.