Law Chap 6

Law Chap 6 - L aw Chap 6 Torts and the Legal System: Torts...

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Law – Chap 6 Torts and the Legal System: Torts are civil wrongs committed when one invades the protected interests of another. Business and Torts: Most tort actions faced by businesses are when it, via its agents, employees, or products, inflicts injuries on other persons or businesses. Most torts suffered by employees are covered by worker compensation laws instead of tort law. Torts are classified as intentional, based on negligence, or strict liability. Role of Tort Law : Tort law is to provide compensation for wrongful injuries on the wrongdoer and to attempt to return the plaintiff to the position he or she would have been in were it not for the tort. Some torts are also crimes, but this is private or civil law, not public or criminal law. Negligence-Based Torts : Negligence concerns unintentional but careless conduct that breaches a duty of care owed to a party who suffers an injury caused by the conduct. The conduct in question created an unreasonable risk of harm. Elements: 1) wrongdoer owed a duty of care to injured party; 2) the duty was breached by an act or omission by wrongdoer (negligence); 3) causation between the negligent conduct and resulting harm; and 4) damages suffered by injured party. Duty of Care : Negligence means that a person’s conduct violates the duty of care in a particular situation. The conduct that would be expected of a reasonable person under the circumstances determines the due care or ordinary care expected. Causation : In negligence there must be causation—a logical linkage —between the careless conduct and the injury suffered. Causation in Fact—Evidence links a person’s conduct with the result that would not have occurred ―but for that conduct. Proximate Cause—The standard in most states, requiring that the injury have been foreseeable by a reasonable person under the circumstances and that the injury suffered be reasonably related to the negligent act. Substantial Factor—Some states, including California, use the substantial factor standard instead of proximate cause. A legal cause of injury is a cause which is a substantial factor in bringing about injury. Intervening Conduct—If the causal connection between an act and the resulting harm is
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This note was uploaded on 03/31/2011 for the course LEG 101 taught by Professor Wang during the Spring '11 term at Adelphi.

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Law Chap 6 - L aw Chap 6 Torts and the Legal System: Torts...

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