chap 5 Flashcards
(10 cards)
Purpose of tort law
To provide remedies for the invasion of various protected interests
Elements of negligence
- Duty (Defendant owed a duty of care to the plaintiff)
- Breach (The defendant breached the duty)
- Causation in fact (The plaintiffs injury would not have occurred without the defendants breach
- Proximate Causation (The connection between the defendants breach and the plaintiffs injury is foreseeable and therefore justifies imposing liability)
- Damages (the plaintiff suffered a legally recognizable injury)
Standards of care
The duty if all persons, as established by tort law, to exercise a reasonable amount of care in their dealing with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence
Duty of care breach
- The nature of the act (whether it is outrageous or commonplace)
- The manner in which the act was performed (cautiously vs. heedlessly)
- The nature of the injury (whether it is serious or slight)
Neglience
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
Palsgraf v. Long Island Railroad
Defines a limitation of negligence with respect to scope of liablility
Libel
Defamation in writing or another permanent form plaintiff is entitled to general damages
Defamation
Anything published or publicly spoken that causes injury to another persons name, reputation, or character
Elements of defamations
- Defendant must make a false statement of fact
- Statement was understood as being about the plaintiff and tended to harm the plaintiff’s reputation
- The statement was published to at least one person other than the plaintiff
- In addition, plaintiffs who are public figures must prove actual malice
Intentional Tort
A wrongful act knowingly committed
