LGS200 Test 3 Study Guide - Test 3 Study Guide A tort is a wrong A civil action Ex Someones wrongful conduct has caused injury to somebody else

LGS200 Test 3 Study Guide - Test 3 Study Guide A tort is a...

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Test 3 Study Guide A tort is…. a wrong A civil action Ex. Someone’s wrongful conduct has caused injury to somebody else Tortfeasor : the person or company that has committed the tort or the wrong against somebody else (instead of the defendant, say the tortfeasor) Negligence : is one area of tort law It is an unintentional act A person’s conduct will ultimately create a risk of consequences Risk of those consequences must be foreseeable Four Elements to a Negligence Case 1. The defendant owed a duty of care to plantiff Duty of care: Everybody under the law has a duty of care NOT to harm someone else Duty of care issue is measured by the reasonable person standard (means what would a normal, reasonable person do in those circumstances?) 2. The defendant breached that duty 3. The plantiff suffered injury Two types of damages: Compensatory and Punitive Compensatory: The main type in a negligence case (make the person whole again)

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