Chapter 3

Question 1

Objectives of tort law

Answer 1

1. preservation of peace
2. culpability
3. deterrance

Question 2

Negligence

Answer 2

a tort, a civil or personal wrong - commission or omission

Question 3

Standard of care

Answer 3

description of the conduct that is expected of an individual in a given situation

Question 4

Criminal negligence

Answer 4

reckless disregard for the safety of another

Question 5

Malfeasance

Answer 5

performance of an unlawful or improper act (abortion)

Question 6

Misfeasance

Answer 6

improper performance of an act (administering the wrong dose of meds)

Question 7

Nonfeasance

Answer 7

failure to act when there is duty to act (failure to administer meds)

Question 8

Elements of negligence

Answer 8

1. duty to care
2. breach of care
3. injury
4. causation
   *prima facie case of negligence

Question 9

Duty to care

Answer 9

existence of a legal duty to care, established by a contract (policies/procedures) or statute (law) between the plaintiff and defendant

Question 10

General standard of acceptable care

Answer 10

based on what a reasonably prudent person would do or not doe acting under similar circumstances

Question 11

Breach of duty

Answer 11

failure to conform to or the departure from an accepted standard of care

Question 12

Injury

Answer 12

physical harm, pain, suffering, and loss of income or reputation
*No injury = no liability

Question 13

Causation

Answer 13

require reasonable, close and causal connection or relationship between the defendant’s negligent conduct and the resulting damages

Question 14

Proximate cause

Answer 14

refers to the relationship between a breach of duty and the resulting injury

Question 15

Foreseeability

Answer 15

reasonable anticipation that harm or injury is likely from a commission or omission of an act (considered a method for establishing causality)