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Negligence
Part 1
| 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. |
Created by:
kil4261
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