The duty of care was breached. The proximate cause of the loss? Not the swerve alone, but the initial omission: the failure to use the custom crate. As De Leon writes, the defendant is liable for all damages that are the natural and probable consequences of the act or omission.
The primary focus is on fault or negligence that causes damage to another where no pre-existing contract exists. Elements of Liability: To establish a claim, there must be: suffered by the plaintiff. Fault or Negligence by the defendant. Proximate Cause torts and damages de leon
: A tort is a civil wrong, other than a breach of contract, for which the court provides a remedy through an action for damages . Distinction from Contract : Contract duties are created by the agreement of parties. The duty of care was breached
The monetary compensation awarded by the court for the damage sustained. As De Leon writes, the defendant is liable