Tort Law Flashcards
What is negligence?
harm comes to someone from someone else - the law requires you to do things w/ a certain level of care
How do you prove negligence? (5 aspects)
does the defendant owe the plaintiff a ‘duty of care’?
did the defendant breach the ‘duty of care’ that is owed to the plaintiff?
was the defendants breach the ‘cause-in-fact’/’but for’ cause of plaintiffs harm? - if this hasnt happened…
Was the defendants breach the ‘proximate cause’ pf plaintiffs harm
the plaintiff has to have actually been harmed
What is the ordinary/standard of care?
the degree of care/caution that a ‘reasonably prudent’ person would use under the same or similar circumstances
What is the highest duty of care?
everything practically necessary to ensure safety
What is an invitee?
commercial premises entrant is within the scope of why commercial premises is open
What is a licensee?
private premises , entrant is on it with permission
What are the two types of trespasser?
undiscovered and discovered
What is an undiscovered trespasser?
someone on private property without the knowledge of the owner
What is a discovered trespasser?
someone on private property and the owner knows its happening
What is the duty of care for an invitee?
regularly inspect premises
fix known dangerous conditions (when possible)
warn of any remaining dangerous conditions
What is the duty of care for a licensee?
warn of known latent dangerous conditions
What is the duty of care for an undiscovered trespasser?
not to set traps
What is the duty of care for a discovered trespasser?
somewhat equal to or less than ordinary duty of care
What is attractive nuisance doctrine?
a landowner may be held responsible for injuries to children
What are the cases of attractive nuisance doctrine? with examples?
to minors
artificial conditions 9e.g. drowning in pool (lake would not be artificial)
dangers to children
enticing to children
What is the rule for products liability?
after Macpherson vs Buick was expanded to include all of the people in the chain of commerce
What are the two types of product defect?
design and manufacturing defects
What is a way that a non-defective product makes sure it is safe?
warning. A failure to warn (e.g. coffee cup says warning contents are hot) is negligence
What is contributory negligence?
failure of the plaintiff to act prudently resulting in zero damages received.
What is pure comparative negligence?
the court allows the plaintiff to claim damages for the percentage of the incident they are not at fault for (even if only 1%)
WHat is modified comparative negligence?
the plaintiff may not recover damages if they are greater than 50% at fault.
