Negligence Flashcards
Define Breach
Define Causation
Define Limitation of Action
Define the Burden of Proof
Define the Standard of Proof
What are possible plaintiffs and defendants to a civil dispute?
What are the rights protected by the law?
What are the elements required to establish liability?
- Duty of care
- Breach of a duty of care
- Injury, loss or damage
What are possible remedies?
Special damages, general damages, aggravated damages.
What is the impact of the breach on the parties?
Plaintiff:
Loss of life
Permanent physical incapacity
Serious physical injury
Unemployment
Defendant:
Public humiliation
Costs
Loss of business
Define Special Damages
Damages to compensate for loss that can be accurately measured in monetary terms.
Define General Damages
Damages to compensate for loss that cannot be accurately measured in monetary terms.
Define Aggravated Damages
An amount of money that a defendant may be ordered to pay when a plaintiff has suffered extreme humiliation, embarrassment or insult because of the defendant’s conduct.
Define Vicariously Liable
When one party is responsible for another party and can also be liable.
