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How is the issue of intent in strict liability torts different from the intent required in<br />

negligence and in intentional torts or for punitive damages?<br />

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<strong>LAW</strong> <strong>531</strong> Week 2 DQ 2<br />

<strong>LAW</strong> <strong>531</strong> Week 2 DQ 2<br />

Lou does a lot of driving and frequently gets tired driving at night. He usually<br />

pulls over to nap when he gets sleepy, but on this occasion, Lou kept on driving<br />

because he wanted to get home for his daughter’s birthday. Unfortunately,<br />

Lou dozed off while driving, crossed over the center line, and hit another car. The<br />

other driver is injured and his car is seriously damaged.<br />

Is Lou negligent? To determine this, please define and discuss each of the<br />

following elements separately. Only if each element is present will Lou be<br />

negligent.<br />

1. the duty of reasonable care<br />

2. any breach of that duty<br />

3. Causation<br />

4. Damages<br />

a. cause in fact (also called but for, actual cause or factual cause)<br />

b. proximate cause<br />

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