Tort Ch 2

Question 1

negligence

Answer 1

failure to exercise a reasonable amount of care in a situation that causes harm to someone or something. can involve doing something or failing to do something that should have been done

Question 2

In any tort case in which negligence might exist, ask the threshold question:

Answer 2

Did the tortfeasor act unreasonably under the circumstances?

Question 3

foreseeable injury

Answer 3

an injury that a reasonably prudent person should have anticipated

Question 4

negligence includes the following elements:

Answer 4

1. duty of care
2. breach of the duty by the tortfeasor (unreasonable conduct)
3. causation of injury to the victim
4. damages to the victim (actual harm)

Question 5

negligence analysis begins with what?

Answer 5

determining who is owed a duty of reasonable care

Question 6

duty

Answer 6

1. obligation to obey a law.

2. a legal obligation to another person, who has a corresponding right.

Question 7

due (reasonable) care

Answer 7

that degree of care a person of ordinary prudence (the so called reasonable person) would exercise in similar circumstances

Question 8

scope of duty

Answer 8

in negligence law, defined in terms of those individuals who might foreseeably be injured as a result of the tortfeasor’s actions

Question 9

foreseeability

Answer 9

the notion that a specific action, under particular circumstances, would produce an anticipated result

Question 10

foreseeable plaintiffs theory

Answer 10

under this theory, if it were reasonably foreseeable that the injured victim would be harmed as a consequence of the tortfeasor’s actions, then the tortfeasor’s scope of duty includes the victim

Question 11

plaintiff

Answer 11

a person who brings a lawsuit

Question 12

defendant

Answer 12

a person against whom an action is brought

Question 13

unforeseeable plaintiffs

Answer 13

persons whose injuries the tortfeasor could not reasonably have anticipated as a result of the tortfeasor’s actions