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Old 08-08-2004, 04:32 PM
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weishaupt1776 weishaupt1776 is offline
The Outta Commissiona
 
Join Date: Oct 2004
Location: Florida Republic
Posts: 5,335
No License, car Impounded

<font color = purple>[b] From my still infantile studies, I have concluded that any right to sue is called a "cause of action", and you have to have one if you're going to recover damages in court. Every cause of action arises from a duty that

(1) was breached and

(2) that directly and proximately caused your buddy damages.

The logic would follow that if there is no duty, there can be no breach, and therefore no cause of action.

Look for the duty. Is the duty

common law ;

statutory or

contractual? Has to be one of those three.

What is the employer's(police precinct's) duty?

Did the employer breach the duty?

Did the employer's breach of duty directly cause your buddy damages?

This is where to begin the examination

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