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17 Cards in this Set

  • Front
  • Back
-civil wrong or injury that often result in monetary damages
Elements of Negligence
1. Standard of Care (Duty)
2. Breach of Duty
3. Causation
4. Injury
Standard of Care (Duty)
-the duty or responsibility of persons to act in a reasonable matter to provide the safety for the of others
Breach of Duty
-a failure to act in a reasonable manner for the safety of others
-failure to meet standard of care
-the connection between an act and harm
-actual harm: clear and convincing proof of physical or emotional injury
Elements of Standard of Care
-case precedent
-rules and regulation
-industry standard
-federal regulatory agencies
-professional associations
-expert opinion
Elements of Breach of Duty
-violations of: case precedent, rules and regulations, state and federal laws, agency guidelines
Elements of Causation
-Cause in Fact: defendants breach was the factual cause of the plaintiff's harm
Compensatory Damages
-intended to compensate a defendant for the actual value of injuries that he or she experiences
Loss of Consortium
-loss of services or involvement of a family member brought about by the wrongful actions of a nother
Punitive Damages
-designed to punish a defendant for a wrongful act that results in pain and suffering
Negligence Defenses
1. Assumption of Risk
2. Inherent Risks
3. Voluntary Consent
4. Contributory Negligence
Intentional Torts
1. Battery and Assault
2. Defamation
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Invasion of Privacy
Elements of Product Liability
1. Negligence
2. Strict Liability
3. Breach of Warranty
Strict Liability
-legal concept where liability results regardless of fault
-need only to show the product was defective
Breach of Warranty
-failure to uphold an express or implied promise to abide by certain terms and conditions