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A man was convicted of rape by a jury and immediately jumped to his death through a courtroom window. The parent’s of the man sued his lawyer for negligence, claiming that the lawyer’s negligent defense of their son, caused their son’s death.
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State the elements of a cause of action for negligence and state which element is missing from the facts above.
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Solution Preview
The elements of a cause of action for negligence are duty, breach, causation and damages.
Here, there is a duty of the attorney to his client, therefore this element is present in the case of parents vs. the attorney for the death of his client.
Breach of duty exists when the attorney knowingly exposes his client to a substantial risk of loss. In this case, if the attorney did not …
