Understanding Duty of Care and Negligence in Tort Law, Quizzes of Finance

Download Understanding Duty of Care and Negligence in Tort Law and more Quizzes Finance in PDF only on Docsity! TERM 1 Duty of Care DEFINITION 1 In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.Reasonable Person Standard is an OBJECTIVE standard TERM 2 BREACHED Duty of Care DEFINITION 2 Defendant fails to act as a "reasonable person" would under similar circumstances, thereby breaching their Duty of Care TERM 3 Negligent Hiring DEFINITION 3 Where a company is liable for the actions of an employee if it "Knew or should have known" of the employee's potential harmI.E. - Criminal Past, Driving License TERM 4 Retention of Dangerous Workers DEFINITION 4 Threats by an employee to a coworker that is not addressed by the company, may make the company liable for any subsequent actions of the threatening employee TERM 5 Negligence Per Se DEFINITION 5 Negligence per se is a doctrine within the law of United States of America whereby an act is considered negligent because it violates a statute.Does NOT have to prove BREACH OF DUTY TERM 6 Res Ipsa Loquitur DEFINITION 6 In the common law of torts, res ipsa loquitur is a doctrine that infers negligence from the very nature of an accident or injury, in the absence of direct evidence on how any defendant behaved."The thing speaks for itself"Defendant must prove they did not cause the harmPlaintiff had no role in causing the harm TERM 7 Causation (Factual Cause) DEFINITION 7 Defendants Breach of Duty CAUSED (led to) the plaintiff's harm TERM 8 Forseeability of Harm (Proximate Cause) DEFINITION 8 For the defendant to be liable, the type of harm must have been reasonably forseeable TERM 9 Injury DEFINITION 9 Plaintiff must prove Actual Injuries TERM 10 Defenses of Negligence DEFINITION 10 Contributory Negligence - If the plaintiff is found to also be negligent, then the plaintiff gets nothingComparative Negligence - Plaintiff can still recover damages even if they are also negligent