Legal Foundations: Negligence and Contract Law Principles

Posted on Oct 6, 2025 in Spanish Language and Hispanic Literatures

Torts: Understanding Negligence and Liability

Essential Elements of a Negligence Claim

To succeed in a negligence action, the plaintiff must prove each of the following elements:

  1. Breach of the Duty of Care: The defendant breached a duty of care owed to the plaintiff.
  2. Causation (Proximate and Actual): The connection between the defendant’s breach and the plaintiff’s injury is established.
  • Causation in Fact: The plaintiff’s injury would not have occurred but for the defendant’s breach.
  • Proximate Causation (Foreseeability/Zone of Danger): The injury was a reasonably foreseeable consequence of the defendant’s actions, justifying the imposition of liability.
Damages: The plaintiff suffered a legally recognizable injury.

Defenses and Related Liability Concepts

Duty to Rescue

Generally, there is no legal obligation to rescue a random person in harm. However, if you have a special relationship with the person, a duty to act may arise.

Superseding Cause

A superseding cause is an unforeseeable event that occurs after the defendant’s action and breaks the chain of causation between the action and the resulting injury.

Assumption of Risk

Assumption of risk prevents or limits a plaintiff’s ability to recover damages because they voluntarily accepted a known risk.

Strict Liability

Strict liability is a type of personal injury case where the defendant is held liable regardless of whether they were negligent. The victim does not need to prove fault or negligence.

Good Samaritan Law

The Good Samaritan Law protects individuals who voluntarily provide assistance in an emergency.

Recklessness vs. Negligence

  • Recklessness: Knowingly engaging in conduct that poses a significant risk of harm.
  • Negligence: Failure to exercise the level of care expected from a reasonable person; this conduct is unintentional.

Attractive Nuisance Doctrine

If you live in an area where children are expected, you have a duty to maintain the property in a reasonable manner to prevent harm (e.g., securing pools or dangerous equipment).

Contract Law Fundamentals in New York State

Sources of Contract Law in New York

  1. Common Law
  2. New York State General Obligations Law (GOL)
  3. Uniform Commercial Code (UCC): Governs the sale of goods, particularly between merchants.

Requirements for a Valid Contract

  1. Agreement: Requires mutual assent (both parties agreeing to the same terms).
  2. Consideration: Each person must exchange something of value.
  3. Capacity: Parties must meet age requirements and be in the right state of mind.
  4. Legality: The purpose of the contract must be legal.

Types of Contracts

  • Express Contracts: Parties explicitly spell out the contract terms, either orally or in writing.
  • Implied Contracts: A legally binding agreement based on the actions or circumstances of the parties involved, rather than written or verbal terms.
  • Bilateral Contract: Both parties exchange promises to perform a specific action (both are promisors and promisees).
  • Unilateral Contract: A contract created by an offer that can only be accepted by performance.
  • Executed vs. Executory: Executed means the contract has been fully performed; Executory means it has not yet been performed.

Offer and Acceptance Rules

Elements of a Valid Offer

  1. Objective intent by the offeror.
  2. Terms must be certain or definite.
  3. Offer must be communicated to the offeree.

Note: Even if an offer is open for a set number of days, it can generally be revoked unless consideration is given (e.g., a down payment) to create an option contract.

Terminating an Offer

Offers can terminate in several ways:

  1. Lapse of time.
  2. Revocation (even if the time period has not lapsed).
  3. Rejection.
  4. Counteroffer (must be distinguished from a mere inquiry).
  5. Death, destruction of subject matter, or subsequent illegality.

Acceptance and Revocation Timing (Mailbox Rule)

  • Acceptances are generally valid upon dispatch (i.e., when they are sent by the offeree).
  • Revocations are generally valid upon receipt (i.e., when they are received by the offeree).

If acceptance was sent before revocation was received, a contract is formed. Contracts are revocable if nothing of value (consideration) is given in return to keep the offer open.

The Dispatch Rule (Mailbox Rule)

The Dispatch Rule (or Mailbox Rule) states that acceptance is effective when properly sent by the offeree, regardless of when it is received by the offeror.

Irrevocable Offers

Offers that cannot be revoked are typically categorized as:

  1. Option Contracts: A promise to keep an offer open, supported by separate consideration (e.g., a nonrefundable down payment) in exchange for holding the offer for a specific period.
  2. Firm Offers (UCC 2-205): Applies to merchants selling goods. Must include all of the following:
  • Offer by a merchant.
  • To sell or buy goods.
  • Offer is in writing and signed.
  • Contains a promise to be held open for a certain time (maximum of 3 months; if longer, it is revocable after 3 months).
Firm Offers (GOL 5-1109): Applies to non-merchants or contracts not involving the sale of goods. Must include:
  • Offer to enter into any contract (not covered by UCC 2-205).
  • Offer is in writing and signed.
  • Contains a promise to be held open for a certain time (no 3-month limit applies).