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to spell out the rights and duties springing from private agreements between individuals and to compensate other part for the loss resulting in the breech of contract |
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Common to ALL torts- where plaintiff has an interest that is sufficiently important for the law to furnish protection and that correspondingly in a civilized society the defendant has a duty that was breached. |
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To oversimplify is carelessness |
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That the defendant BREACHED that duty of due care |
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The defendant's breach PROXIMATELY caused the injury |
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That is the plaintiff suffered injury |
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The foreseebility of harm to the plaintiff |
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The degree of certainty that the plaintiff suffered injury |
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The closeness of the connection between the defendant's conduct and the injury suffered |
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The moral blame attached to the defendant's conduct |
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The policy of preventing future harm |
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One who enters the land with no right to do so |
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