Chapter 14 - Negligence and Unintentional Torts

Question 1

Reasonable

Answer 1

Someone of ordinary intelligence that behaves in the way society expects.

Question 2

Negligence

Answer 2

Careless conduct that causes foreseeable harm to another person.

Question 3

Defenses Against Negligence

Answer 3

-Owe the Plaintiff a duty of care.
-Fail to offer the standard of care.
-Action or failure to act cause the injuries.

Question 4

Duty of Care

Answer 4

Obligation to foresee and avoid careless actions that might cause harm to others.

Question 5

Foreseeability

Answer 5

A reasonable person ability to anticipate the consequences of an action

Question 6

Standard of Care

Answer 6

The expected level of caution and conduct expected of a reasonable person.

Question 7

Professional Liability

Answer 7

The expectation of someone with a special skills that most reasonable people don’t have.

Question 8

Medical Liability

Answer 8

Consent must be given before any professional touches you.

Question 9

Parental Responsibility

Answer 9

They are held liable for the actions of their children.
Kids can sure parents for negligence.

Question 10

Rescuers

Answer 10

Good Samaritan Law - You don’t have to try and help someone but you must offer the standard of care.

Question 11

Causation

Answer 11

“But for” test
Would the plaintiff had been injured if it wasn’t for the action of the defendant.

Question 12

Appropriation

Answer 12

Dividing blame between multiple parties.

Question 13

Remoteness of Damages

Answer 13

Plaintiff has to show direct correlation between cause and harm

Question 14

Intervening Act

Answer 14

Unforeseeable event that interrupts the chain of events started by the defendant.

Question 15

Defenses Against Negligence - Part 2

Answer 15

-Contributory Negligence
-Voluntary Assumption of Risk
-Inevitable Accident
-Act of God
-Valid Explanation

Question 16

Contributory Negligence

Answer 16

The Plaintiff contributed to their injury by “unreasonable” conduct.

Question 17

Voluntary Assumption of Risk

Answer 17

Plaintiff knowingly assumed potential risk associated with an activity.

Question 18

Inevitable Accident

Answer 18

Something the defendant had no control over.

Question 19

Act of God

Answer 19

A natural event that is both extraordinary and unexpected.

Question 20

Valid Explanation

Answer 20

The accident occurred despite taking every reasonable precaution.

Question 21

Statue of Limitations

Answer 21

Suits must be filled within a “reasonable” amount of time.