The common-law remedy of negligence is “the omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do.”2 The elements of negligence are (1) a duty or obligation recognized by the law that requires a certain standard of conduct to protect others against unreasonable risks, (2) a failure by the defendant to conform to the standard required, (3) a cause-and-effect relationship between the conduct and the resulting injury, (4) actual loss or damage to the interests of another, and (5) reasonable foreseeability.
KeywordsStrict Liability Railroad Company Unreasonable Risk Ordinary Care Contributory Negligence
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References and Suggested Reading
- Crook, G. B. (1971), Negligence, American Jurisprudence, 2d, Lawyers Co-Operative Publishing Co., Rochester, N.Y., Vol. 57 SS 1–455, pp. 317–887; Vol. 58 SS 456–530, pp. 1–125.Google Scholar
- Sutter, J. H., and Hecht, M. L. (1974), Landslide and Subsidence Liability, California Continuing Education of the Bar, Berkeley, Calif.Google Scholar