Prosser,
pp. 130-131: Elements of Cause of Action
1. Duty of care
a. A duty of care
is an obligation recognized by the law.
b. Such a duty
requires the actor to conform to a certain standard of conduct.
c. The purpose of
such conduct is to protect others against unreasonable risks.
2. Breach of duty
– A failure to conform to the required standard
3. Causation
a. Causation-in-fact
b. “Proximate”
causation
4. Actual damage
a. Negligence
grew out of “action on the case”, which required proof of actual damages.
b. Recovery of
nominal damages is not allowed.
c. It’s uncertain
just what constitutes damage.
These
elements are not discrete, but rather, they are all related. Another definition of negligence is “conduct
that falls below the standard of care established by law for the protection of
others against the unreasonable risk of harm”.