Chapter 6 pt. 2 Flashcards
Who is liable for harm in trespassing tort?
Defendant liable for damage caused to the property. Generally cannot hold the owner liable. Unless known trespasser, no deadly force to protect property
What are the defenses to intentional torts?
Disprove an element, or provide affirmative defense- consent, self-defense, defense of property, necessity.
What is duty in negligence in unintentional torts?
Duty–defendant owed plaintiff a duty of care
What is breach in negligence in unintentional torts?
Breach—defendant breached that duty.
What is causation in unintentional torts?
Causation—defendants breach of duty caused the injury.
What are damages in unintentional torts?
Damages—plaintiff suffered legal injury.
What is the reasonable person standard (duty) in unintentional negligence torts?
How person should act according to judge/jury, depends on occupation or profession, relationship to plaintiff, age.
What is breach of duty in unintentional negligence torts?
Did not fulfill duty, did not act in reasonable manner, malpractice if professional.
What is the legal duty to trespasser in premises liability?
Refrain from willful or wanton conduct.
What is the licensee and invitee duty in premises liability?
Licensee—is there for their own benefit, duty to warn of known dangers. Invitee—express or implied invitation, duty to inspect for dangers. Obvious risks require no warning.
What is causation in unintentional torts?
Act caused plaintiff’s injuries. Factual causation in fact, actual cause of harm. Proximate clause of injury, was injury foreseeable, was there an intervening cause.
What are the injury requirements and damages for unintentional negligence torts?
Legally recognizable injury, physical, emotional, economic, reputational, privacy.
What is the assumption of risk defense to negligence?
Knows risk and voluntarily engages in the act anyway. Express agreement or be implied by the plaintiff’s knowledge and conduct.
What is the superseding cause defense to negligence?
An unforeseeable, intervening act breaks the casual link.
What is the contributory negligence defense to negligence?
Barred from recovery if contributed to injury. Statute of limitations—time period within which a case can be filed (4 years).
