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Part 1

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Question
Answer
Tort   A "wrong" that injures person, property, or reputation.  
Negligence   The failure to use such care as a reasonably prudent and careful person would use under similar circumstances.  
4 Elements of Negligence   1. Duty 2. Breach of Duty 3. Proximate Cause 4. Damages  
Duty   An obligation recognized by law/society requiring an individual to conform to a certain standard of conduct toward another.  
3 Primary Origins of Duty   1. A relationship inherent in the situation 2. A voluntary assumption of the duty 3. Mandated by statute  
Foreseeability of Unreasonable Harm   The duty is to protect against unreasonable harm that is foreseeable to a prudent professional.  
Nature of Duty   The nature of duty to protect is determined by the type of relationship.  
4 Categories of Nature of Duty that are frequently set forth   1. Invitee* 2. Licensee 3. Trespasser 4. Recreational User  
Invitee   A person who has an express or implied invitation to enter or use another's premises.  
Difference of Intentional and Unintentional Tort   Unintentional Intentional <-----------------------------------------------> Negligence Reckless Disregard Assault Battery Defamation  
Breach of Duty   The failure to provide the standard of care required by law.  
Standard of Care   Was the standard of care provided? Must use reasonable person test.  
Reasonable Person Test   How would a reasonable person, with similar skills and knowledge, have acted under similar circumstances?  
How to Answer Reasonable Person Test   1. The nature of the activity 2. The type of participants 3. The environmental conditions  
2 Types of Risk   1. Inherent Risk 2. Negligent Behaviors  
Inherent Risk   Those risks that are integral to the activity. If you warn of risks inherent to the activity, you most likely will not be negligent for injuries resulting from the activity.  
Negligent Behaviors   The conduct, which is not in accord with the standard of care, a prudent professional should give. Participants do not accept the risk of negligent acts or behavior.  
Proximate Cause   There must be a reasonable close connection between the conduct and the resulting injury. Was the injury a reasonably foreseeable consequence of defendants conduction?  
Damages   There must be compensable bodily injury or emotional harm. No harm = no liability.  
Compensating the Plaintiff in regard to Damages   Goal of civil lawsuit = make the wronged party "whole" again. Plaintiff receives monetary compensation for their injuries.  
Types of Damages   1. Compensatory 2. Punitive Damages  
Compensatory Damages   Relating to actual damages and losses. Examples: economic loss (wages), medical expenses, physical pain, etc.  
Punitive Damages   Awarded as a punishment for outrageous conduct and to deter future transgressions.  


   





 
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Created by: kil4261 on 2011-02-19



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