Download Negligence: A Comprehensive Guide to Tort Law Principles and more Quizzes Business and Labour Law in PDF only on Docsity! TERM 1 Negligence : Basic Principles (Tort - Negligence) DEFINITION 1 :Failing to exercise standard of care:Greating a risk of consequences -Does not require intent to bring about consequencesActionable negligence requires:1. Duty of care2. Breach3. Causation4. Legally recognizable injury TERM 2 Negligence: Duty of Care DEFINITION 2 : the duty of all persons to exercise reasonable care in their delings with others*Reasonable Care: degree of care expected of a "reasonable person"-Not necessarily how a reasonable person would act, rather how a reasonalbe person should act-Presumes that the resonable person should be attentive, aware, careful, even tempered, and honestGenerally, no duty to rescue: *May be duty if you create peril TERM 3 Negligence: Premises & Professionals DEFINITION 3 Duties of Landowners: expected to exercise reasonable care to protect persons coming onto thier propertyBusiness Invites:- retailers/ businesses that invite people to their premises are expected to exercise reasonable care against foreseeable risks that know or should have known-Requires warning unless risks is obvious-Lanier v. Wal-MartDuties of Professionals: individual with superior knowledge or skill held to standard of care of a reasonable person with similar knowledge or skill: *Malpractice - Doctors, dentists, lawyers TERM 4 Negligence: Injury and Damages DEFINITION 4 Must be a legally recognizable injury-Real loss, harm, wrong, or invasion of protected interestTwo categories of damages:Compensatory damages: Reimburse plaintiff for the actual injury or lossPunitive damages: Punish and deter for particularly egregious conduct TERM 5 Negligence: Causation DEFINITION 5 Causation in Fact"But for" test-Injury would not have occurred but for the action of tortfeasorProximate Cause (Legal Cause)-connection between act and injury must be direct enough to impose liability-Liability cannot be limitless- Harm must be foreseeable - something likely to result-Palsgraf v. Long Island Railroad TERM 6 Negligence: Defenses DEFINITION 6 Assumption of RiskSuperseding CauseContributory NegligenceComparative Negligence TERM 7 Assumption of Risk DEFINITION 7 -Plaintiffvoluntarilyenters a risky situationknowingthe risk involved-May assume byexpress agreementorimpliedby plantiff knowledge and conduct-Plantiffs do not assume risks other than thoseinherentin the situation*Sutton v. Soccer Association TERM 8 Superseding Cause DEFINITION 8 -Unforeseeable, intervening force breaks the connection between the wrongful act and injury-Limits liability TERM 9 Contributory Negligence DEFINITION 9 -Plaintiff's own negligence, no matter how insignificant, bars damages TERM 10 Comparative Negligence DEFINITION 10 -"Pure": Plaintiff can recover ANY amount of damages not attributed to his/her own negligence-"50% Rule": Plaintiff cannot recover damages if found to be more than 50% negligent
