Torts Quiz Flashcards
(18 cards)
Negligence Requires
- Duty
- Breach
- Causation
- Damages
Duty of Care is
Owned to all foreseebale plaintiffs
The basic standard of care is a
reasonable person standard
Negligence Per Se
A statutory duty may replace common law duty of care, creating negligence per se, if
(1) the statue **[provides] **for a [criminal penalty];
(2) the statue Clearly defines the **Standard of conduct **
(3) The Plaintiff is **Withiin ** the protected class and
(4) the statute was [designed to prevent] the [type of harm suffered] by the **plaintiff **
Actual Causation
- Plaintiff must establish that harm would not have occurred [but-for] the [defendant’s conduct, defendant’s conduct]
Proximate Causation
Defendant is liable for [all foreseeable harm casued] by the [Underlying conduct]
Intervening Cause
When multiple forces contribute to the injury, an [unforeeable intervening event] sever the [Causal connection] between a **[defendant’s acts, defendants’s acts] **and a [plaintiff;s injury, plaintiff’s injury]
Assumption of Risk
A plaintiff who **[knew of risk] and [voluntarily proceeded in the fface of the risk **]may be [denied recovery]
Contributory Negligence
PLaintiffs whose [failure to exercise reasonable care] contributes to the** [legal casue]** of their [own injuries] may be** [denied recovery]** or have [damages reduced] depending on the jurisdiction.
Pure Comparative Negliegence
Conparative Negligence [Reduces recovery] of [damges] in **[proportion to faulit] **
Partial Comparative
Contributory negligence [bars recoevey] of [damages] if plaintiff is [more than 50% at fault]
Respondeat Superior
An amployer is** [liable] [torts committed]** by [employees] who are **[acting] in the [course and scope]** of their [employment]
Intentional Torts: Trespass to Land
An [intentional and physical invasion] of [plaintiff’s property]
Intentional Torts: Tress pass to Chattels
An **[intentioanl interference] **with another’s [right of passession] to **[personal property] **
Intentional Torts: Conversion
A [substantial intentional interference] with another’s **[right of possession] **to the extent that the damages require payment of the [Property’s full market value]
Intentional Torts: Battery
An **[intentioanl infliction] **of [harmful of offensive contact] on [plaintiff’s person]
Intentional Torts: Abnormally Dangerous Activity
The Activity [involves risk of serious harm] to [people, property] or cannot be performed [without that risk], regardless of care, and is not** [common] **to the [area where performed]
Intentioanl Torts: Defamation
A [defamatory statment concerning] the [plaintiff] that is **[published] to a [third party] **and [cases damages]
