Chapter 6 Flashcards
Is a tort a civil wrong?
Yes
What are the three types or torts
Negligence, Intentional and Strict
How does a business become involved in a tort?
Persons harmed by a business or its employees, persons harmed by a product my the business or business harmed by wrongful acts of another business.
What is purpose of tort law?
To compensate victims for injuries by the defendant
What are negligence based torts?
Unintentional carless conduct that creates an unreasonable risk of harm to others.
Four parts to have a tort
Duty, Breach, Causation, Harm
Duty (of care)
Reasonable person standard. How people in the relative community ought to behave.
ex)maria has the duty to drive within the parameters of law
Breach (of duty)
Duty of care owed was breached through some act or omission on part of the wrong doer
ex) maria failed to obey the traffic law . failing to stop at a red light is breach of that duty
Causation
Casual connection to the injury (but for test)
-cause in fact ex) but for the fact that maria drove through a red light, she would not have hit sam
Harm
Injury or damages
Does negligence require intent to cause harm?
NO
Gross Negligence
Carelessness which is in reckless disregard for the safety or lives of others, and is so great that is appears to be a conscious violation to other people’s rights to safety.
Example of Gross Negligence
Surgeon amputating on the wrong limb
Reasonable Person Standard
How persons in the relative community ordinarily ought to behave. One is supposed to act reasonable always. Defendants is not liable for every injury our actions cause-only those resulting from unreasonable behavior
The cause in fact?
The persons conduct is the actual cause of the event created the injury (but for test)
Example of Causation
But for the fact that Maria drive though a red light, she would not have hit him.
Proximate cause
A defendant in a negligence case is only responsible for harms that the defendant could have foreseen through his or her actions.
Proximate Cause (Palsgraf v Long Island)
(All the activity is happening at a far distance away from Ms. Palsgraf, she didn’t get hit by the fireworks, but the ceiling. No one could possibly foresee that it would happen. She fails the proximate cause test because no one could ever see that happening. Maybe if she was closer, but this was just a freak accident.
Res Ipsa Loquitur
The thing that speaks for itself. The person has an operation to have her appendix removed. Sometimes after the operation she still has pain in her stomach, goes back to the doctor, takes an x-ray and sees that the scalpel or the surgical knife, was still inside of her when she was sewn up.
Substantial Factor Test
A cause that is a substantial factor in bringing about an injury. Ex) If a defendant works in a factor and develops cancer, he might allege that the cancer resulted from asbestos poisoning.
Intervening Conduct
The causal connection to an injury is broken by an unforeseeable intervening act or event. The less involved a person is involved in the event the more unforeseeable the damage happening is.
Danger Invites Rescue
Negligent parties are responsible for losses suffered but those who attempt to save others in danger as the result of torts of others.
Harm
There is not a negligence case without harm. Like an injury to a person, property or a situation where it goes against basic human rights
Assume the risk-
Injured party knew or should have known the risk and voluntarily assumed it. The total bar to the plaintiff’s case. Be careful and look for a liability waiver or exculpatory clause in a contract.
