Part 2 (battery,etc) Flashcards
What is Intent?
to use a certain means to achieve an end result
What are the 2 varieties of Intent?
Purpose and Knowledge
What is Purpose?
Subjective Desire
What is Knowledge?
Substantial Certainty
What is Negligence?
A breach of duty to use reasonable care with respect to another; conduct that foreseeabley subjects another to an unreasonable risk of harm
What are the 2 major traditional defenses to Negligence claims?
Contributory Negligence & Assumption of Risk
What is Contributory Negligence?
Failure to exercise reasonable care on one’s own behalf
What is Comparative Negligence?
A partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff’s own negligence contributed to cause the injury
What is Comparative Fault?
Where the fault is divided between the two parties, part of negligence
What is the opposite of Assumption of Risk?
Consent
What are Punitive Damages?
Damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.
What is Strict Liability
Basically, you don’t have to do anything wrong and are still liable