Chapter 5 Part 2 Flashcards
What is negligence
it deals with careless or reckless conduct rather than intentional conduct
What are the four basic elements to a negligence claim
Defendant has a duty to the plaintiff against unreasonable risks- Duty, Defendant fails to perform the duty-Breach, There is actual loss or damage to the plaintiff- Harm, A reasonably close connection between the defendant’s conduct and the plaintiff’s injury- Causation
What is Duty of Care - Duty in the element of negligence
A person should foresee that their conduct would create an unreasonable risk or harm to others
What is Failure to Exercise Care - Breach in the element of negligence
Failure to do what the ordinarily prudent person would do under the same circumstances
What is Injure or Harm in the element of negligence
Physical or mental harm like fright, humiliation, or emotional distress
Causation in the element of negligence
A casual connection between the breached duty and the injury.
What are the two types of causation that are required to maintain an action for negligence
cause in fact and proximate cause
What is cause in fact in the element of negligence
established by evidence showing that the complained-of act is the cause of the event that caused the injury
What is proximate cause in the element of negligence
The harm must be foreseeable (knowing the danger and harm it can cause to people) by the actor when he committed the negligence act.
What is the defense to negligence
The assumption of the risk by the plaintiff and the plaintiff’s own negligence and superseding cause.
What is assumption of risk
voluntary exposure to a known risk
What is contributory negligence
the failure of the plaintiff, the injured party, to exercise reasonable care, which contributes to the injury
What is comparative negligence
allows a proration of the damages resulting from the combined negligence of the parties. The plaintiff recovers, but only for the damages the defendant caused
What is moral hazard
under a simple negligence standard the people at risk have the incentive to take self-protective or loss-avoidance measures
What is superseding cause
Something occurs that breaks the causal connection required to have a negligence case (FIND EXAMPLE pg.161)