Unformatted text preview: LEGAL LIABILITY CRIME BREACH OF CONTRACT STATUTES TORT (Civil Wrong) 1 CATEGORIES OF TORT Intentional Torts ( Assault, Battery) Strict Liability (Generally applied to Products Liability) Absolute Liability (Inherently dangerous operations, or owning wild or dangerous animals) Negligence (failure to exercise a degree of care that a reasonable, prudent person would have exercised) 2 ELEMENTS OF A NEGLIGENT ACT LEGAL DUTY OWED (Invitee, licensee, trespasser) BREACH OF DUTY (Has the duty been broken?) PROXIMATE CAUSE (An unbroken chain of events) DAMAGES ( Special, General, Punitive ) 3 Who may be held liable? 1. Persons capable of prudent acts infants excepted mental incompetents 2. Other excepted classes (or formerly excepted) government bodies (sovereign immunity) charitable institutions 4 Classes of Damages 1. Special damages: out of pocket and measurable loss. 2. General damages: intangible; pain and suffering, etc. 3. Punitive damages: intended to punish tortfeasor. 5 DEFENSES AGAINST NEGLIGENCE CONTRIBUTORY NEGLIGENCE ASSUMPTION OF RISK LAST CLEAR CHANCE COMPARATIVE NEGLIGENCE 1. PURE RULE 2. 49% RULE 3. 50% RULE 6 The Collateral Source Rule 1. Holds that negligent party should not benefit from the existence of other sources of recovery available to the injured party. 2. Damages payable by a tortfeasor are not reduced by payments made to the injured party under life or health insurance contracts. 7 THE NATURE OF IMPUTED NEGLIGENCE EMPLOYER EMPLOYEE VICARIOUS LIABILITY ( FAMILY PURPOSE DOCTRINE) DRAM SHOP LAWS PRINCIPAL AGENT 8 SPECIFIC TORT CONCEPTS RES IPSA LOQUITUR ATTRACTIVE NUISANCE RESPONDEAT SUPERIOR DOCTRINE OF FORSEEABILITY 9 Obligations of Property Owners to Others Trespasser avoid intentional injury 2. Licensee warn of any dangers 3. Invitees make the premises safe 4. Children attractive nuisance doctrine 10 The tort system Why the need for change? What are the nature of the proposed changes? How will society benefit? 11 ...
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- Spring '08
- Tort Law, assumption of risk, CONTRIBUTORY NEGLIGENCE ASSUMPTION, CHANCE COMPARATIVE NEGLIGENCE, LOQUITUR ATTRACTIVE NUISANCE