Tort : Negligence (chap 9)

Question 1

Can torts be only intentional?

Answer 1

no, it can be intentional and unintentional

Question 2

Unintentional tort have two bases for determining liability,

which are …

Answer 2

Negligence

Strict liability

Question 3

Negligence

Answer 3

• It is the standard to determine liability in many cases of unintentional tort, based on a test REASONABLENESS.
• The more unreasonable the act, the higher the likelihood of liability. (strict liability)

Question 4

what means being reasonable?

Answer 4

It means being prudent, having regard for the circumstances, and acting in accordance with what would ordinarily be expected.

Question 5

what is strict liability?

Answer 5

It is a standard used to determine liability where the tortfeasors are responsible for the harm regardless of their intent or reasonableness.

Question 6

what is the propose of the tort system ?

Answer 6

it attempts to redistribuite cost, so that tortfeasor suffer the consequences of their actions.

the victim are returned to their pre-tort level of utility

the defendant (tortfeasors) is likely to breach their duty in the future.

Question 7

what is gross negligence (extremely unreasonable )?

Answer 7

It is the deliberate and reckless disregard for the safety and reasonable treatment of others

Question 8

what are the types of negligences?

Answer 8

• Contributory Negligence
• Comparative Negligence
• Vicarious Liability
• Gross Negligence

Question 9

what is the neighbour test?

Answer 9

• principle which says that a person should take reasonable care to avoid acts or omissions can reasonably foresee as likely to cause injury to the neighbor.

Question 10

what is contributory negligence?

Answer 10

It is the plaintiff’s failure to exercise reasonable care for their safety. Therefore, the blame is share.

also the argument of failure to make efficient decision can be under contributory negligence (inefficient may be not the part of a defendant who act in the knowledge about this rule)

Question 11

Another forms contributories negligence:

Answer 11

• Last clear change

- Comparative negligence

Question 12

what is comparative negligence?

Answer 12

It is a shared a cost standard for tort claims

the cost are borne by each side in direct proportion to their degree of responsibility.

• in comparison to simple negligence and contributory negligence can ignore cost and increase likelihood of appeal.