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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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