CHAPTERS 4 & 5 LGLS.docx

CHAPTERS 4 & 5 LGLS.docx - Ch 5(Torts I Law of Torts to...

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Ch. 5 (Torts) I. Law of Torts – to reimburse an individual who suffers a loss because of the dangerous or unreasonable conduct of others. • Negligence • Intentional • Strict liability A. Negligence: failure (breach) to do what a reasonable (standard) person would do under the circumstances (what is the proper standard) 1. Elements of Negligence -Duty owed -Breach of duty -Actual cause (Did X lead to Y?) -Proximate cause -Damages Plaintiff has the burden of proof 2. Duty of care related to age & professional experience Must act as a reasonable person under the circumstances, EXCEPT: Disability Objectively reasonable: circumstance may change, but same reason Subjective reasonable: different reasons Duty of children: 0-7 (not negligent), 7-14 (rebuttable presumption), 14-21,EXCEPT Adult activity 3. Parental Liability – Parents liable if: Child’s conduct is willful; Parent is negligent 4. Duty to Rescue & Good Samaritan Statutes Generally no duty to rescue another, EXCEPT: - Special relationship - Cause of injury (if you cause harm, you need to help) - Undertaking (if you undertake to help, you are liable for negligence while helping) Good Samaritan Statute: If you are medically trained
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  • Spring '13
  • Valenza

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