Chapter 2 Negligence and Similar Breaches of Duty
| Library | The South Carolina Law of Torts (SCBar) (2023 Ed.) |
This chapter focuses on torts involving negligence, i.e., the breach of a duty of due care. The chapter also addresses other fault-based misconduct short of intentional torts, particularly recklessness.
The elements of a cause of action in negligence are: (l) duty of due care; (2) breach of that duty; (3) legally protected injury; and (4) causal relationship, such that the negligence "proximately caused" the injury.1 Whether the defendant breached his or her duty of due care and proximately caused the plaintiff's injury is a mixed question of law and fact.2 The judge's function is to provide a proper charge and to direct the verdict only where there is no evidence upon which a reasonable juror could decide otherwise.3
The four sections in this chapter will address legal issues involved in: (1) determining...
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