Negligence and unintional torts Flashcards
What is the criteria to check for an unintentional or negligent tort?
- Someone owes a duty not to injure
- There is an act or omission in breach of that duty and,
- An injury is suffered as a reasonably foreseeable result of that breach
Duty of care
the duty not to injure another person
Reasonable person
a standard of care used to measure acts of negligence
Causation or “prosimate cause”
a cause of injury directly related to an act of a defendant
Whats the checklist for negligence?
- was there a duty not to injure?
- Consider what a reasonable person would think or do.
- what was the required standard of care?
- did the defendant breach that standard?
- Was there damage?
- Were the defendants actions the proximate cause (causation) of that damage?
- Was the damage foreseeable by a reasonable person to result from such actions?
Strict liability
Responsibility for loss regardless of the circumstances
Vicarious liability
The liability at law of one person for the acts of another
Res ipsa loquitur
The thing speaks for itself
Nuisance
Interference with the enjoyment of real property or in some cases material interference with a person’s physical comfort
Injunction
An equitable remedy of the court that orders the person or persons named therein to refrain from doing certain acts
Volenti non fit injuria
Voluntary assumption of the risk of injury
Release
a promise not to sue or press a claim or a discharge of a person from any further responsibility to act
Doctrine of laches
an equitable doctrine of the court which provides that no relief will be granted when a person delays brining an action for an unreasonably long period of time
Order of replevin
court action that permits a person to recover goods unlawfully taken by another
