Negligence and unintional torts Flashcards Preview

COMM 304 - Business Law > Negligence and unintional torts > Flashcards

Flashcards in Negligence and unintional torts Deck (14)
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1

What is the criteria to check for an unintentional or negligent tort?

1. Someone owes a duty not to injure
2. There is an act or omission in breach of that duty and,
3. An injury is suffered as a reasonably foreseeable result of that breach

2

Duty of care

the duty not to injure another person

3

Reasonable person

a standard of care used to measure acts of negligence

4

Causation or "prosimate cause"

a cause of injury directly related to an act of a defendant

5

Whats the checklist for negligence?

1. was there a duty not to injure?
2. Consider what a reasonable person would think or do.
3. what was the required standard of care?
4. did the defendant breach that standard?
5. Was there damage?
6. Were the defendants actions the proximate cause (causation) of that damage?
7. Was the damage foreseeable by a reasonable person to result from such actions?

6

Strict liability

Responsibility for loss regardless of the circumstances

7

Vicarious liability

The liability at law of one person for the acts of another

8

Res ipsa loquitur

The thing speaks for itself

9

Nuisance

Interference with the enjoyment of real property or in some cases material interference with a person's physical comfort

10

Injunction

An equitable remedy of the court that orders the person or persons named therein to refrain from doing certain acts

11

Volenti non fit injuria

Voluntary assumption of the risk of injury

12

Release

a promise not to sue or press a claim or a discharge of a person from any further responsibility to act

13

Doctrine of laches

an equitable doctrine of the court which provides that no relief will be granted when a person delays brining an action for an unreasonably long period of time

14

Order of replevin

court action that permits a person to recover goods unlawfully taken by another