6.40 Elements of Claim are the fundamental components of a legal claim that must be proven in order to achieve a successful outcome. It is important to note that the 6.40 Elements of Claim may vary depending on the type of claim being made. Generally, the 6.40 Elements of Claim are: 1) Duty of Care; 2) Breach of Duty; 3) Causation; 4) Damages; and 5) Mitigation. The Duty of Care refers to the obligation to act in a reasonable and prudent manner. The Breach of Duty is the actual violation of the Duty of Care. Causation is the link between the Breach of Duty and the Damages suffered. Damages are the actual losses suffered by the victim. Lastly, Mitigation is the action taken by the victim in order to reduce the damages suffered.
6.40 ELEMENTS OF CLAIM
State:
Multi-State
Control #:
US-8THCIR-JURY-6-40
Format:
Word
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Description
http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf
6.40 Elements of Claim are the fundamental components of a legal claim that must be proven in order to achieve a successful outcome. It is important to note that the 6.40 Elements of Claim may vary depending on the type of claim being made. Generally, the 6.40 Elements of Claim are: 1) Duty of Care; 2) Breach of Duty; 3) Causation; 4) Damages; and 5) Mitigation. The Duty of Care refers to the obligation to act in a reasonable and prudent manner. The Breach of Duty is the actual violation of the Duty of Care. Causation is the link between the Breach of Duty and the Damages suffered. Damages are the actual losses suffered by the victim. Lastly, Mitigation is the action taken by the victim in order to reduce the damages suffered.
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