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intentional tort
| Question | Answer |
|---|---|
| tort? | harm done to a person or their property where civil remedy is required |
| 2 main categories? | intentional and unintentional |
| negligence? | failure to behave with a level of care that a reasonable person would have |
| prove? | did the defendant have a duty of care was standard of care met did the defendant action/inactions cause harm to the plaintiff |
| children and duty of care? | under 6= no duty of care over 6= depends. adult activity= adult responsibility |
| apportionment? | blame is shared between both plaintiff and defendant |
| product liability? | manufacturers owe a duty of care |
| occupiers liability | homeowners/renters owe a duty of care to their customers |
| vicarious liability? | legal responsibility for the negligence of another person |
| host liability? | people who serve alcohol or hosting have a duty of care |
| automobile negligence? | harm caused by car accident |
| defenses? | plaintiff doesn't owe defendant a duty of care plaintiff owe a duty of care, but the required standard of care was met plaintiff's own actions were partially responsible plaintiff knowingly accepted risk of harm |
| good Samaritan law? | good Samaritans can't be held liable for actions that fall under their expertise |