Tort Law Negligence

Question 1

What is negligence?

Answer 1

A type of law where a person gets hurt because another person wasn’t careful enough

Question 2

What are the 4 elements of negligence

Answer 2

A- a duty to exercise care
B- breach of the standard of care
C- Causation- the act caused the injury
D- damages- victim suffered a loss

Question 3

What does a duty to exercise care mean?

Answer 3

A legal obligation one party owes to another to reasonable exercise care.

Question 4

What is breach of the standard of care?

Answer 4

When someone fails to uphold their duty of care or fall below the standard of care

Question 5

What does causation mean?

Answer 5

Defendants lack of care caused the injury
2 parts to this
Actual cause- injury wouldn’t have happened if the defendant had been careful
Proximate cause- it was predictable that the defendant’s actions would cause the injury

Question 6

4th element damages what does it mean?

Answer 6

The victim was actually hurt. Could be physical injuries, emotional pain or financial losses