LPP POST Midterm.docx - LPP POST Midterm NEGLIGENCE o Tortfeasor does not intend the consequences of the act or believes they will occur 5 elements of

LPP POST Midterm.docx - LPP POST Midterm NEGLIGENCE o...

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LPP POST Midterm-NEGLIGENCE:oTortfeasor does not intend the consequences of the act or believes they will occur.-5 elements of negligence:oDefendant had a dutyoDefendant breached dutyoIf that breach was in fact the cause of the plaintiffs injuryoProximate causeoDamagesoREMEMBER RESPONDEAT SUPERIOR-Generally:oDefendant owes a duty to protect the plaintiff from foreseeable risks that defendant knew or should known aboutoA foreseeable risk is one in which the reasonable person would anticipate and guard against.-Duty of landowners:oDuty to warn invitees, exercise reasonable careoLandlords owe duty of reasonable care to tenants and guests for common areas such as stairs and laundry rooms-Duty to business inviteesoMust exercise reasonable care to protect invitees against reasonable foreseeable risksoEXCEPTION: obvious risk-Duty of professionals oProfessionals may owe higher duty of care based on special education, skill or intelligenceoBreach of duty is called professional malpractice-Lawyers, doctors, architects and accountants—focused on-5 elementsodutyreasonable person standardany situation could give rise to a dutyduty to rescueobreachocause in fact: did the injury occur because of the defendant’s act, or would the injury have occurred anywayoproximate cause: measure or determine whether the causal connection betweenthe breach and the injury is close enough/realted that we are going to allow the plaintiff to recovertype of harm has to be foreseeableextent of harm does have to be foreseeable
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the eggshell plaintiff rule: courts hold that you’re on the hook for the entire damage, even if the plaintiff is unusually fragile.oDamages:Negligence damages: to recover, plaintiffmust show legally recognizable inuryCompensatory damages are deisgned to reimburse plaintiff for acual losses.Punitive damages are designed to punish the tortfeasor and deter others from wrongdoingNot traditionally available in negligence cases.ocausation: even though a tortfeasor owes a duty of care and breaches the duty ofcare, the act must have caused the plaintiff’injuries.oIRAC:Issue: Does Mary have a valid negligence case to sue Tony?Rule: Negligence damages the tort feasor does not intend the consequences of the act or believes they will occur.oNegligence per se (NOT A TORT)Occurs when defendant violates a statute designed to protect plaintiff3 elementsstatute sets out standard of careplaintiff is member of class intended to be procected by statute.
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