Negligence: Stop Memorizing Five Words and Start Seeing the Analysis

# Negligence: Stop Memorizing Five Words and Start Seeing the Analysis

Most students can list duty, breach, actual causation, proximate causation, and damages. The points are usually lost after the list. Negligence questions reward students who can identify what standard of care applies, what conduct allegedly fell below that standard, and how the injury connects to the defendant's conduct.

Duty and breach are related but distinct

Duty asks what standard the defendant was required to meet. Breach asks whether conduct fell below that standard. Keep the questions separate. A sentence saying only that the defendant 'breached a duty of reasonable care' skips the comparison the question is usually testing.

Causation needs two conversations

Actual causation asks whether the injury would have occurred without the conduct or whether another recognized causation test applies. Proximate causation limits liability based on the relationship between the risk created and the harm that occurred.

Damages are part of the tort

Negligence generally requires actual harm. Mark the injury before writing so the causation analysis has a concrete endpoint.

For recall practice, do not stop after naming the elements. Take one short hypothetical and write one sentence for each element explaining what fact would matter.