Torts Flashcards
What does negligence require?
A showing of a duty, breach, actual and proximate cause, and damages (DBCD).
Who is a foreseeable plaintiff?
Majority: One who is in the foreseeable zone of danger.
Minority: A defendant owes a duty of care to anyone who suffers injuries as a proximate result of his breach of duty to someone
What is needed to establish negligence per se?
1) There must be a statute mandating a specific duty
2) The plaintiff must prove that she is within the class of persons the statute is designed to protect, and
3) That the plaintiff suffered the type of injury that the statute seeks to protect against
When does a breach occur?
When the defendant falls below the applicable standard of care
What is a defendant liable for under proximate cause?
All harmful results that are the normal incidents of and within the increased risk caused by the defendant’s acts.
How do you establish actual cause?
By showing that the plaintiff’s injuries would not have occurred but for the act.
What is the general standard of care?
The standard of care owed by a defendant to plaintiff is that of a reasonably prudent person under the circumstances as measured by an objective standard.
Trespass to Chattel
Requires that the defendant intentionally interfere with the plaintiff’s right of possession by either disposition or intermeddling with the plaintiff’s chattel.
