Negligence Torts

Question 1

What is a tort

Answer 1

improper behavior by one person that causes injury to another, including physical, emotional, and financial.

Question 2

What functions do torts provide (5)

Answer 2

1. compensate victims
   2.deter individuals from committing wrongs
2. aid to criminal law
3. educator
4. psychological function (reduce vengeance)

Question 3

Define negligence and state what type of tort it is

Answer 3

the failure of the defendant to take care against unreasonable risk of foreseeable injury to the plaintiff - unintentional tort

Question 4

What are the four steps needed to prove a tort case

Answer 4

1. existence of duty of care
2. breached the standard of care
3. damage is suffered by the plaintiff
4. damage caused by defendants conduct

Question 5

Define and describe duty of care and the test

Answer 5

a duty you owe to those around you to conform to a certain standard of conduct for their protection from unreasonable risk

Stage 1: reasonable foreseeability and proximity
Stage 2: is there a policy reason that justifies reducing or removing duty of care

Question 6

Define and describe standard of care and the test

Answer 6

What would a reasonable person do in the same situation, however there are 3 exceptions - special skills, children, and statutory standard (against the law)

Question 7

Describe the test for injury or damages

Answer 7

De minimis - the law does not afford a remedy for trifling matters

Question 8

Define and describe causation and the test

Answer 8

Must be a connection between wrongful act and the damage. “BUT FOR (negligent conduct) the (loss) would have occurred (true/false).

Question 9

What is the thin skull doctrine

Answer 9

take you victim as you found them. allows the injured plaintiff to recover all of their damages even though they may be much greater than an ordinary plaintiff would have suffered

Question 10

What are the 2 partial defenses against negligence

Answer 10

-Contributory negligence (before loss) plaintiff fails to take care and that contributes to the loss

-Mitigation of damages (after loss) plaintiff does not take positive action to mitigate loss

Question 11

What is the full defense against negligence

Answer 11

Volenti non fit injuria (voluntary assumption of risk) raised by express agreement or implied from conduct of the parties