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Assume that, for centuries, courts have recognized and applied four elements in cases of negligence: duty, breach, causation, and injury. The earliest known case using

Assume that, for centuries, courts have recognized and applied four elements in cases of negligence: duty, breach, causation, and injury. The earliest known case using these elements in English law dates from the 1400s, in a case involving a cow, a candle, and a barn. Every negligence case in England and the United States (except for Louisiana) has used some form of these elements, applying them from case to case across generations. First, what is this kind of law and how do courts use it from case to case? Second, if a state wanted to eliminate these elements of negligence and adopt new elements of fault, like direct cause and effect, through what kind of lawmaking could it replace the old elements?

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