Torts (A)

Front 1

Standard of Care

Back 1

To act as a reasonably, careful and prudent person would under the same or similar circumstances.

Front 2

Negligence

Back 2

A DUTY to conform to a standard of conduct that is BREACHED by the defendant and the breach is the actual and proximate CAUSE of plaintiff’s DAMAGES. (4 elements)

Front 3

Shopkeeper's Privilege

Back 3

Shopkeepers have a privilege to reasonably detain individuals whom they reasonably believe to be in possession of shoplifted goods.

Front 4

Public Necessity

Back 4

Where the act is for the public good-the actor is not liable for any injury he causes.

Front 5

Private Necessity

Back 5

Where the act is solely to benefit any person or any property from destruction or serious injury-the actor must pay for any injury he causes.

Front 6

Discipline

Back 6

Parent or teacher may use reasonable force in disciplining children.

Front 7

Res Ipsa Loquitur

Back 7

The Thing Speaks for Itself.
Breach will be presumed if 1)Accident is type that would not normally occur unless someone was negligent;2) The Instrumentality causing injury was in defendant's sole control; and ; 3)Plaintiff did not contribute or cause injury.

Front 8

Duty

Back 8

Only foreseeable plaintiffs are owed a standard of care

Front 9

Breach

Back 9

The defendant breaches his duty when his conduct falls short of the required standard of care.

Front 10

Causation

Back 10

For defendant to be liable, he must be the actual and proximate cause of plaintiff's damages.

Front 11

Actual Cause-Factual Cause

Back 11

When it can be said that "but for" the negligence or acts of the defendant, plaintiff would not have been injured, actual cause exists.

Front 12

Proximate Cause-Legal Cause

Back 12

Defendant is liable for direct or indirect foreseeable damages.
(Analyze intervening or superseding acts).

Front 13

Damages

Back 13

Plaintiff must show damages, damages will not be presumed.
-General D. flow from the incident itself, things that happen.
-Special D. need proof (like a receipt for the damage, or lost wages).

Front 14

Negligence Per se

Back 14

A statute specific duty that replaces the more general common law duty of due
care if 1) the statute clearly defines a standard of conduct, 2) the plaintiff is within protected
class, and 3) the statute was designed to prevent the type of harm suffered by plaintiff.
It establishes a presumption of duty and a breach of duty.

Front 15

Joint and Several Liability

Back 15

When two or more tortfeasors are either acting in concert or the injury is indivisible.