Part 1
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| Tort | A "wrong" that injures person, property, or reputation.
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| Negligence | The failure to use such care as a reasonably prudent and careful person would use under similar circumstances.
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| 4 Elements of Negligence | 1. Duty
2. Breach of Duty
3. Proximate Cause
4. Damages
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| Duty | An obligation recognized by law/society requiring an individual to conform to a certain standard of conduct toward another.
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| 3 Primary Origins of Duty | 1. A relationship inherent in the situation
2. A voluntary assumption of the duty
3. Mandated by statute
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| Foreseeability of Unreasonable Harm | The duty is to protect against unreasonable harm that is foreseeable to a prudent professional.
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| Nature of Duty | The nature of duty to protect is determined by the type of relationship.
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| 4 Categories of Nature of Duty that are frequently set forth | 1. Invitee*
2. Licensee
3. Trespasser
4. Recreational User
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| Invitee | A person who has an express or implied invitation to enter or use another's premises.
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| Difference of Intentional and Unintentional Tort | Unintentional Intentional
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Negligence Reckless Disregard Assault Battery Defamation
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| Breach of Duty | The failure to provide the standard of care required by law.
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| Standard of Care | Was the standard of care provided? Must use reasonable person test.
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| Reasonable Person Test | How would a reasonable person, with similar skills and knowledge, have acted under similar circumstances?
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| How to Answer Reasonable Person Test | 1. The nature of the activity
2. The type of participants
3. The environmental conditions
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| 2 Types of Risk | 1. Inherent Risk
2. Negligent Behaviors
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| 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.
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| 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.
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| 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?
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| Damages | There must be compensable bodily injury or emotional harm. No harm = no liability.
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| Compensating the Plaintiff in regard to Damages | Goal of civil lawsuit = make the wronged party "whole" again. Plaintiff receives monetary compensation for their injuries.
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| Types of Damages | 1. Compensatory
2. Punitive Damages
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| Compensatory Damages | Relating to actual damages and losses. Examples: economic loss (wages), medical expenses, physical pain, etc.
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| Punitive Damages | Awarded as a punishment for outrageous conduct and to deter future transgressions.
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Created by:
kil4261
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