Final Exam (Negligence and Unintentional Torts)* Flashcards
(32 cards)
Tort
Harm caused to a person or property for which the person can receive a civil remedy by law.
Unintentional Torts
Harm caused to a person or property by accident or by an action that was not intended to cause harm.
Negligence
Careless acts that cause unintentional but foreseeable harm to a person.
Duty of Care
The duty and obligation to foresee and avoid careless actions that could potentially cause harm to others.
ex: a driver expected to abide by the rules of the road
Neighbour Principle
The legal responsibility to ensure the duty of care towards one’s neighbour.
Foreseeability
The ability of a reasonable person to anticipate a probable outcome.
Standard of Care
The level of caution expected of a reasonable person.
Reasonable Person
The legal term for a person who demonstrates a sensible level of intelligence, reason, and care.
Specialized Standard of Care
The higher standard of care and level of caution expected of a reasonable person with special skills or expertise.
ex: a doctor who has to care for his patients
Liability Insurance
Insurance that partially or fully covers the damages awarded in a tort case.
Good Samaritan Law
A legal principle that protects a rescuer from being sued if they voluntarily help someone in distress and that person is harmed in the process.
ex: pulling a person out of a burning car, but they scratch their legs on the way out
Cause-In-Fact
The “cause and consequences” connection between one person’s actions and another person’s injuries.
Apportionment
The division of fault amongst several culprits.
Remoteness of Damage
Harm that was unforeseeable by the defendant due to the lack of connection between the defendant’s wrongdoing and the victim’s injury.
Intervening Act
An unforeseeable event that interrupts and aggravates the chain of events caused by the defendant.
Thin-Skull Rule
The principle that the defendant is responsible for any and all injuries to the victim resulting from their reckless action, regardless of whether the victim was more prone to injury due to a pre-existing condition.
Product Liability
The area of law regarding the negligence of manufacturers.
Occupier’s Liability
The responsibility of home renters and homeowners to ensure that no one is injured on their premises.
Invitee
A person invited onto a property for a business purpose.
Licensee
A person with expressed or implied permission to be on someone else’s property for a social visit.
Trespasser
A person who enters a property without permission or legal right.
Allurement
A site or an object that may attract children and cause them harm.
ex: a public pool, which is guarded with high fences so children don’t unknowingly trespass
Vicarious Liability
Legal responsibility for the negligence of another person.
ex: a manager responsible for their employee’s product loss
Host
A person who serves alcohol to social guests or paying customers.
