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Duty of Care: The first foundational fact establishes that the defendant owes a duty of care to the plaintiff. The defendant must act reasonably and responsibly to avoid harming others. When it comes to car accidents, for instance, all drivers have a duty of care to follow traffic laws and drive safely.

Breach of Duty: The second foundational fact is to demonstrate that the defendant breached their duty of care. It must be shown that the defendant failed to meet the standard of care expected in the given situation. Negligence, carelessness, or intentional misconduct could be to blame for this. Using the car accident example, if the defendant was speeding or driving under the influence, they may be considered to have breached their duty of care.

Causation: The third foundational fact establishes a causal connection between the defendant’s breach of duty and the plaintiff’s injuries. It must be demonstrated that the defendant’s actions or negligence directly caused or significantly contributed to the plaintiff’s harm. This can be proven through medical records, expert testimony, and other forms of evidence.

Damages: The fourth foundational fact is to prove that the plaintiff suffered actual damages due to the defendant’s breach of duty and the resulting injury. Damages can include physical injuries, emotional distress, medical expenses, lost wages, property damage, and other related losses. It is imperative to provide evidence of the extent and impact of the damages.