4300 Review

4300 Review - Ch 11 Negligence conduct that involves an...

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Ch 11 Negligence – conduct that involves an unreasonable risk of causing injury to another person or damage to another person’s property; to establish liability for negligence, the plaintiff must show that: o The defendant owed a duty to the plaintiff to act reasonably under the circumstances o The defendant breached that duty by failing to use the care that a reasonably prudent o There is a reasonably close casual connection between the defendant’s breach and the plaintiff’s injury o The plaintiff suffered an actual loss or injury Duty o Duty of Landowner or Tenant o Duty of Employer to Third Parties o Duty of Professionals to Third Parties Defenses to Negligence: Contributory Negligence – if the plaintiff was also negligent in any manner, he or she cannot recover damages from the defendant Comparative Negligence – allows the plaintiff to recover the proportion of his or her loss attributable to the defendant’s negligence o Modified Comparative Negligence Jurisdictions – if plaintiff is 51% negligent, cant win Torts that Protect Persons Battery – a harmful or offensive contact with the plaintiff’s body or something touching it o Poisoning a person’s food, dumping toxic waste into a river used for drinking water False Imprisonment – intentional restraint of movement, imposed against someone’s will by physical barriers, physical force, or threats of force Intentional Infliction of Emotional Distress – protects the right to peace of mind; plaintiff must show that: o the defendant’s conduct was outrageous
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4300 Review - Ch 11 Negligence conduct that involves an...

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