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Law: Tort of Negligence? |
I am writing an essay on proximity in the tort of negligence. What the key points in the concept and application of the concept? The element of proximity requires that a wrongful act (negligence) be the "proximate" or direct cause of the damage or injury that occurs. There must be an unbroken chain of causation between the wrongful act and the resulting injury. The injured party must prove that there was no contributory or intervening negligence from another party that directly led to the injury. To prove negligence you first have to prove that there is a duty of care. Then you have to prove that there was a breach of duty of care. |
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