Tort Class negligence

Question 1

3 types of negligence

Answer 1

1. ordinary
2. slight
3. gross

Question 2

4 proof of negligence

Answer 2

1. duty
2. breach
3. causation
4. damages

Question 3

Duty

Answer 3

responsibility/obligation to do or not to do something

Question 4

Breach of Duty

Answer 4

the imaginary reasonable person theory

Question 5

Causation

Answer 5

cause in fact AND proximate cause must BOTH exist

Question 6

cuase in fact

Answer 6

the “but for” theory (what happened)

Question 7

proximate cause

Answer 7

legal cause (was the injury foreseeable, was it within the zone of danger)

Question 8

5 relations to have a duty to act

Answer 8

1. employer & employee
2. parent & child
3. teacher & student
4. inkeeper & guest
5. common carrier & passenger

Question 9

Compensatory Damages (actual damages)

Answer 9

compensate for the tortfeasors action

1. general damages
2. special damages

Question 10

Nominal Damages

Answer 10

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

Question 11

Punitive Damages

Answer 11

as punishment only available when there is gross negligence (carelessness that exceeds ordinary reasonable care)

Question 12

Negligence per se

Answer 12

the law was broken, they are guilty (cut and dry)

Question 13

Negligence

Answer 13

the failure to exercise reasonable care to avoid injuring others or their property

Question 14

Negligent ACTIONS

Answer 14

positive events; something is done

Question 15

Negligent OMISSIONS

Answer 15

phrased negatively; the tortfeasor failed to do a reasonable act

Question 16

Scope of duty

Answer 16

a limitation on the persons to whom one owes the duty

Question 17

Foreseeability

Answer 17

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

Question 18

The foreseeable plaintiffs theory

Answer 18

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”

Question 19

The reasonable person standard

Answer 19

an imaginary individual who is expected to behave reasonably under a given act of circumstances to avoid harming others

Question 20

Res Ipsa Loquitur

Answer 20

the events that led to the plaintiff’s injury must have been under the defendant’s exclusive control