What is the test for a tort action for negligence?
California, United States of America
The following excerpt is from Garland v. Young, B292533 (Cal. App. 2019):
"An essential element of an action for negligence is the existence of a duty of care to the plaintiff. [Citation.] The existence and scope of a defendant's duty is an issue of law
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to be decided by the court." (Eriksson v. Nunnink (2011) 191 Cal.App.4th 826, 838.)
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