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Negligence and Unintentional Torts

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Term
Definition
tort   harm caused to a person or property for which the law provides a civil remedy  
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unintentional torts   injuries caused by an accident or an action that was not intended to cause harm  
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negligence   careless conduct that causes foreseeable harm to another person  
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duty or care   the obligation to foresee and avoid careless actions that might cause harm to others  
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neighbour principle   the legal responsibility to owe a duty of care not to harm one's neighbour through carelessness or negligence  
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foreseeability   the ability of a reasonable person to anticipate the consequence of an action  
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standard of care   the degree of caution or level of conduct expected of a reasonable person  
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reasonable person   a legal term that describes a person who exercises a sensible level of reason, intelligence, and care  
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specialized standard of care   the degree of caution or level of conduct considered necessary by a reasonable person with the same specialized training  
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liability insurance   insurance that covers part or all of the damages awarded in a tort case  
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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  
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cause-in-fact   the factual "cause and effect" connection between one person's actions and another person's injuries  
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apportionment   the division of fault among different wrongdoers  
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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  
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intervening act   and unforeseeable event that interrupts the chain of events started by the defendant  
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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  
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product liability   the area of law that deals with the negligence on the part of manufacturers  
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occupiers' liability   the responsibility of owners or renters to ensure that no one entering their premises is injured  
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invitee   a person invited to a property for a business purpose  
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licensee   a person with express or implied permission to pay a social visit  
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trespasser   a person who enters a noter's property without permission or legal right  
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allurement   a site or an object that might attract children and result in causing them harm  
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vicarious liability   legal responsibility for the negligence of another person  
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host   someone who serves alcohol to guests pr paying customers  
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strict liability   the defendant is automatically liable for an injury caused by a dangerous substance or activity even if the defendant was not negligent  
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contributory negligence   negligent acts by the plaintiff that helped cause the plaintiffs injuries  
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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  
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waiver   a document signed by the plaintiff, releasing the defendant from liability in the event of an injury  
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inevitable accident   a defence that claims an accident was unavoidable due to an uncontrollable event  
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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  
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explanation   a defence claiming that an accident occurred for a valid reason even though the defendant took every precaution  
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statute of limitations   a law that specifies the time within which legal action may be taken  
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Created by: slslozzy
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