Ch.5 Negligence and Unintentional Torts Flashcards
Negligence
Many ways in which individuals and businesses unintentionally interfere with person or property of another
Negligence cases all have three requirements:
- Some owes a duty not to injure;
- There is an act of omission in breach of that duty; and,
- An injury is suffered as a reasonably foreseeable result of that breach
Duty of care
duty not to injure another person
Includes acts or omissions, which, despite lack of intention, have fallen below acceptable standards and caused harm to another person
Exists where legal right exists
Duty may be owed to easily defined person, or to whole class of unknown people
Reasonable person
standard of care used to measure acts of negligence
Someone of average intelligence who exercises reasonable care, considering all circumstances
Breach occurs when performance rendered falls below that which the injured party can expect
Offers flexibility to courts
Proximate Cause
cause of injury directly related to an act of a defendant
Acts of omission must be directly connected to the injury, without intervening events
“But For” test in causation:
“But for” the defendant’s actions, would injury or damage not have occurred
Damage and Foreseeability
A reasonable person would foresee that their actions would cause harm to another
If yes = liable
If no = not liable
A flexible concept
Strict Liability
Responsibility for loss regardless of the circumstances
Applies in cases where activities or practices are inherently dangerous
Risk associated with activity should be borne entirely by individual
Public has right to recovery no matter what
Vicarious Liability
Liability at law of one person for the acts of another
Applies when one person (employer) controls activity of another (employee)
If committed by employees in course of employer’s business
Courts showing increasing willingness to hold individual employees personally liable
Reflected through insurance coverage
Res Ipsa Loquitor and Circumstantial Evidence
Proving the negligent act is difficult
Burden shifts to defendant to prove they are not liable if items above are proven
Res ipsa loquitor
“The thing speaks for itself”
Res ipsa loquitor Plaintiff must prove:
Cause of injury is something in the exclusive care and control of the defendant
Circumstances constitute events that would not normally occur if proper care had been taken
Occupier’s Liability
Applies to acts and omission of occupiers, not owners
First obligation lies upon tenant (not landlord) to protect persons who enter on the property
All persons owned duty of common humanity and warning of imminent dangers
Not permissible to set traps
Visitors of any kind owed the general duties and standard care expected of a reasonable person
Manufacturers’ Liability (Product Liability)
Traditionally, duty of care owed only to the purchaser of goods not the user
Now, manufacturer’s owe duty of care to any foreseeable users of their products if:
-They were negligent in their manufacture
-They were aware of dangers associated with the goods and failed to warn
Nuisance
Interference with the enjoyment of real property or, in some cases, material interference with a person’s physical comfort
- Any interference with a person’s enjoyment of his or her property
- E.g. Noise, smoke, vibration, fumes, contaminants
- Dependent on circumstances surrounding interference (or degree of interference)
Remedies available to party subjected to the nuisance:
- Damages
- Injunction
Environmental nuisance
- Covered through legislation
