ch. 5 torts/negligence Flashcards
(23 cards)
What is negligence?
Careless conduct that causes harm to another person.
What are the four elements of negligence?
A: A duty of care exists.
B: Breach of the duty of care.
C: Causation (the breach caused harm).
D: Damages (actual loss occurred).
How do courts determine if a duty of care exists?
Using the reasonable foreseeability test: Would a prudent person have foreseen harm?
What is the “reasonable person” test?
It determines whether the defendant’s actions were reasonable in the circumstances.
What is the “but for” test in causation?
It asks: “But for the defendant’s actions, would the harm have occurred?”
What is the thin skull rule?
A defendant must take the victim as they are, even if they have a pre-existing condition that worsens the injury.
What are the common defenses to negligence?
Contributory negligence: The plaintiff also acted negligently.
Voluntary assumption of risk (volenti non fit injuria): The plaintiff knowingly accepted the risk.
Illegality (ex turpi causa): The plaintiff was engaged in unlawful activity.
What is strict liability?
Liability imposed without proof of negligence, usually in inherently dangerous situations.
What is product liability?
Manufacturers can be held liable for defective products that cause harm.
What are the types of professional liability?
Contractual: Breach of terms in a contract.
Tort-based: Breach of a duty of care.
Fiduciary duty: A duty of loyalty and good faith.
What are the four types of insurance businesses commonly need?
Liability insurance: Covers negligence-related damages.
Property insurance: Covers property damage.
Business interruption insurance: Covers lost income due to unexpected closure.
Life and health insurance: Covers employee well-being.
What is an insurable interest?
The insured must have a personal stake in what is being insured.
What does “utmost good faith” mean in insurance?
Both parties (insured and insurer) must be honest and disclose all relevant information.
What is subrogation in insurance?
If an insurer pays a claim, they step into the insured’s shoes and can sue the responsible party.
What is the forfeiture rule in insurance?
The insured cannot profit from intentional wrongdoing (e.g., setting fire to their own property).
What is the reasonable foreseeability test?
A duty exists if a reasonable person would foresee the risk of harm.
What is the “but for” test in causation?
“But for” the defendant’s actions, would the harm have occurred?
What is the standard of care?
The level of caution a reasonable person would exercise in the circumstances.
What is contributory negligence?
When the plaintiff’s own negligence contributes to their injury.
What is volenti non fit injuria?
A plaintiff who knowingly accepts a risk cannot sue for negligence.
What is the forfeiture rule in insurance?
An insured person cannot profit from their own misconduct (e.g., arson).
What is the contra proferentem rule?
Contract ambiguities are interpreted in favor of the non-drafting party.
What is business interruption insurance?
Covers lost profits if a business temporarily shuts down due to unforeseen events.
