Torts and Negligence Flashcards

(11 cards)

1
Q

Tort

A

A civil wrong, other than a breach of contract, that causes harm or injury to another person

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2
Q

Negligence

A

Failure to take proper care in doing something, leading to harm or injury

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3
Q

Duty of care

A

The legal obligation to act with the same degree of care that a reasonable person would exercise in similar circumstances

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4
Q

Breach of duty

A

The failure to meet the duty of care

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5
Q

Causation

A

The connection between the defendant’s actions and the plaintiff’s harm

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6
Q

Actual Cause (Cause-in-Fact)

A

The defendant’s actions directly caused the harm

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7
Q

Proximate Cause

A

The harm caused was a foreseeable result of the defendant’s actions

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8
Q

Damages

A

The monetary compensation awarded to a plaintiff for harm or injury suffered

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9
Q

Comparative Negligence

A

A doctrine where damages are reduced based on the plaintiff’s degree of fault

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10
Q

Contributory Negligence

A

A defense where if the plaintiff contributed to their own harm, they may not recover damages

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11
Q

Strict Liability

A

Liability for harm without the need to prove fault or negligence, typically applied to dangerous activities

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