Torts and Negligence Flashcards
(11 cards)
Tort
A civil wrong, other than a breach of contract, that causes harm or injury to another person
Negligence
Failure to take proper care in doing something, leading to harm or injury
Duty of care
The legal obligation to act with the same degree of care that a reasonable person would exercise in similar circumstances
Breach of duty
The failure to meet the duty of care
Causation
The connection between the defendant’s actions and the plaintiff’s harm
Actual Cause (Cause-in-Fact)
The defendant’s actions directly caused the harm
Proximate Cause
The harm caused was a foreseeable result of the defendant’s actions
Damages
The monetary compensation awarded to a plaintiff for harm or injury suffered
Comparative Negligence
A doctrine where damages are reduced based on the plaintiff’s degree of fault
Contributory Negligence
A defense where if the plaintiff contributed to their own harm, they may not recover damages
Strict Liability
Liability for harm without the need to prove fault or negligence, typically applied to dangerous activities