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The fact that a director breaches her duty and is negligent does not often end the inquiry because

Traditionally, for there to be liability the negligence, that negligence must be the proximate cause of the loss. There needs to be a finding of causation in fact that the defendant's actions or omissions were a necessay antecedent of the loss.

The plaintiff usually has the burden of proof and must show the amount of loss or damages caused by the negligence.

Causation for

  • nonfeasance
  • malfeasance
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