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ch 14: Negligence

Negligence and Unintentional Torts

TermDefinition
tort harm caused to a person or property for which the law provides a civil remedy
unintentional torts injuries caused by an accident or an action that was not intended to cause harm
negligence careless conduct that causes foreseeable harm to another person
duty or care the obligation to foresee and avoid careless actions that might cause harm to others
neighbour principle the legal responsibility to owe a duty of care not to harm one's neighbour through carelessness or negligence
foreseeability the ability of a reasonable person to anticipate the consequence of an action
standard of care the degree of caution or level of conduct expected of a reasonable person
reasonable person a legal term that describes a person who exercises a sensible level of reason, intelligence, and care
specialized standard of care the degree of caution or level of conduct considered necessary by a reasonable person with the same specialized training
liability insurance insurance that covers part or all of the damages awarded in a tort case
good samaritan law a legal principle that prevents a rescuer who has voluntarily helped someone in distress from being sued if he or she actually causes that person harm
cause-in-fact the factual "cause and effect" connection between one person's actions and another person's injuries
apportionment the division of fault among different wrongdoers
remoteness of damage harm that could not have been foreseen by the defendant do to the lack of a close connection between the wrong action and the injury
intervening act and unforeseeable event that interrupts the chain of events started by the defendant
thin-skull rule the principle that the defendant is liable for all damages caused by negligence despite andy pre-existing condition that makes the plaintiff more prone to injury
product liability the area of law that deals with the negligence on the part of manufacturers
occupiers' liability the responsibility of owners or renters to ensure that no one entering their premises is injured
invitee a person invited to a property for a business purpose
licensee a person with express or implied permission to pay a social visit
trespasser a person who enters a noter's property without permission or legal right
allurement a site or an object that might attract children and result in causing them harm
vicarious liability legal responsibility for the negligence of another person
host someone who serves alcohol to guests pr paying customers
strict liability the defendant is automatically liable for an injury caused by a dangerous substance or activity even if the defendant was not negligent
contributory negligence negligent acts by the plaintiff that helped cause the plaintiffs injuries
voluntary assumption of risk (or violent non fit injuria) the defence that no liability exists because the plaintiff agreed to accept the risk normally associated with the activity
waiver a document signed by the plaintiff, releasing the defendant from liability in the event of an injury
inevitable accident a defence that claims an accident was unavoidable due to an uncontrollable event
act of god a defence claiming that an accident was caused by an extraordinary , unexpected natural event such as a tornado, an earthquake or a flood
explanation a defence claiming that an accident occurred for a valid reason even though the defendant took every precaution
statute of limitations a law that specifies the time within which legal action may be taken
Created by: slslozzy