Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
3 Cards in this Set
- Front
- Back
|
A plaintiff must show that ‘it was more likely than not’ or ‘it’s beyond a reasonable doubt’ that the defendant had a duty of care that was breached and that they suffered harm . |
Balance of probabilities. More likely than not. |
|
|
What are the two most common torts (wrongful act) when it comes to professional liability |
Battery: intentional infliction of harmful or offensive contact with the other person. Bear in mind it’s the contact that is intentional not to harm. Negligence: Harm caused without deliberate intent. |
|
|
What are the five elements for negligence claim to succeed? |
1. Duty to care 2. Failure to meet standard of care. 3. Causation between failure to meet standards and harm (proximate cause) 4. Actual loss or harm 5. Plaintive prejudicial behavior. It is up to the defendant to show to limit or absolve liability |
