Torts Final Study Guide.docx - Vocab \u25cf Tort a culturally sensitive legal wrongdoing resulting in a victim in which the focus is compensation \u25cf

Torts Final Study Guide.docx - Vocab u25cf Tort a...

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Vocab:Tort- a culturally sensitive legal wrongdoing resulting in a victim, in which the focus is compensation Negligence- [i.e breach or carelessness] failure to use that degree of care that a reasonably prudent person would have used under the same circumstancesPure contributory negligence- if you are found 1% liable of negligence, you cannot sue the other party who is 99% liablePure comparative Fault- if you are found 99% liable of negligence, you can sue the other party who is 1% liableModified comparative Fault- if plaintiff is found 51% at fault he cannot sue the defendant Four Elements Duty of Reasonable Care- question of law determined by judgeForeseeability- often sufficient enough to generate a duty of careBreach of that Duty- (question of fact for the jury)failure to have been as carefulas a reasonably prudent person would have been under same circumstances Uses ordinary careas baseline; uses objective, not subjective standard; objectivity of standard has general and external standardGeneral Standard-seeks to part from particularism that might hold different individuals with different attributes or abilities to an irrational standard.External Standard-deals with what the defendant did, not what his intentions or state of mind were.Uses Hand Formula and RPS to determineCausationActual Cause- the happening of the breach and injury were NOT a mere coincidence Uses “but for (the defendants carelessness)” testProximate Cause- injury flowed from the breach in a natural or expected way (heavily ties with timing and location)Relationality Cause- carelessness brought up in the suit has to be related to the plaintiff, not others she’s worried aboutResulting Damages- the actual injuriesParasitic Damages- damages a plaintiff can recover for emotional distress caused by injury could if injury is physical (doesn’t usually work for loss of property)The RPS- concept developed to decide if there was a breach of dutyObjective Test- whether the defendant proceeded with such reasonable caution as a prudent person would have exercised under such circumstances.Subjective Test- whether he acted bona fide to the best of his judgment; if he had, he ought not to be responsible for the misfortune of not possessing the highest order of intelligence.Hand Formula- (all about find cost-efficiency)Liability depends upon whether B is less than L multiplied by PIf B < PL, then defendant is liable
If B > PL, then defendant is not liable2 Types of Good Samaritan Law- 1) law that makes is less risky to help or 2) law that imposes positive dutyPositive Duty in Criminal Law- 1) duty to rescue (some states) and 2) duty to report (more states)Gross negligence- a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.

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