Tort Class negligence Flashcards
3 types of negligence
- ordinary
- slight
- gross
4 proof of negligence
- duty
- breach
- causation
- damages
Duty
responsibility/obligation to do or not to do something
Breach of Duty
the imaginary reasonable person theory
Causation
cause in fact AND proximate cause must BOTH exist
cuase in fact
the “but for” theory (what happened)
proximate cause
legal cause (was the injury foreseeable, was it within the zone of danger)
5 relations to have a duty to act
- employer & employee
- parent & child
- teacher & student
- inkeeper & guest
- common carrier & passenger
Compensatory Damages (actual damages)
compensate for the tortfeasors action
- general damages
- special damages
Nominal Damages
symbolic gesture ($1) ; awarded in a situation where no actual damages have occurred or the amount of injury has not been proven even though a right has been violated
Punitive Damages
as punishment only available when there is gross negligence (carelessness that exceeds ordinary reasonable care)
Negligence per se
the law was broken, they are guilty (cut and dry)
Negligence
the failure to exercise reasonable care to avoid injuring others or their property
Negligent ACTIONS
positive events; something is done
Negligent OMISSIONS
phrased negatively; the tortfeasor failed to do a reasonable act
Scope of duty
a limitation on the persons to whom one owes the duty
Foreseeability
the notion that a specific action, under particular circumstances, would produce an anticipated result
The foreseeable plaintiffs theory
limits the scope or extent of duty owed to others; “was it reasonably foreseeable that the person injured would be harmed as a consequence of the tortfeasor”
The reasonable person standard
an imaginary individual who is expected to behave reasonably under a given act of circumstances to avoid harming others
Res Ipsa Loquitur
the events that led to the plaintiff’s injury must have been under the defendant’s exclusive control
