Negligence Hypotheticals (2 points each) Negligence is defined as conduct that falls below the standard established by law for the protection of others against unreasonable risks of harm. Four elements must be proven to establish negligence: a duty of care a breach of that duty a legally recognizable injury occurs causation, meaning the breach of the duty must have directly led to the injury. There are two parts to causation: (1) factual case, and (2) proximate (or legal) cause; both parts must be proven to have negligence Failure to prove any one of the four elements of negligence in a situation means that, by definition, there is no negligence in that situation. In the following hypothetical situations, determine whether the actor, George, is negligent. If so, indicate that he is negligent. If not, indicate why he is not negligent; that is, indicate which element of negligence is missing. Fully explain your conclusions. George goes to the golf course on Sunday morning, eager to try out a new set of golf clubs he has just purchased. After carefully inspecting the clubs, he tees off on the first hole and the head of his club flies off and hits a Sam, nearby golfer, right in the face. Sam sustains serious facial injuries George goes to the golf course on Sunday morning. As he is teeing off at the eleventh hole, his golf ball veers toward a street next to the golf course and shatters a car's windshield. Driving down a one-way street in the right direction, at no more than the posted speed limit, George hits a teenager, who is injured. The boy had jumped in front of George's car from behind a stone wall to impress friends by scaring George. Driving on, at the next blind spot in the road, George honks his horn three times to warn any teenager who may be waiting to jump in front of his car. Two blocks away, an elderly woman believes the horn is an air raid siren and suffers a heart attack