Reading...
Play button
Play button
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;
17 Cards in this Set
- Front
- Back
|
Tort
|
-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 |
|
|
Causation
|
-the connection between an act and harm
|
|
|
Injury
|
-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
|
