LEB notes 2 - Unit 2 Torts: Chapter 8 Basics o Definitions...

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Unit 2 Torts: Chapter 8 Basics o Definitions Tort- French word for “wrongs”. A harm committed against person or property of another, other than a breach of contract. It is a CIVIL wrong, something you would be sued for. (not criminal). o Basis In common law, tort law was developed over time by judges when plaintiffs would come to courts to say who wronged them. o Breadth It covers a lot of things, very broad. It covers anything to do with people or property. Negligence (or negligent torts)- carelessness, reckless, could be entirely an accident. Every single claim is going to have the same elements. 4 elements of negligence, and then you look at your situation to see if you meet the 4 elements. Negligence is a claim itself. o Elements 1) Duty of reasonable care- There has to exist a duty of reasonable care. If the P wants to bring negligence action against D, the first thing they have to show is that the D owes them a duty of reasonable care. Everyone has the duty not to injure another (reasonable care). You don’t owe anyone a duty to come to their rescue. If you go to someone’s rescue, then you have duty to use reasonable care to not make the situation worse. DRC is owed to those who reasonably for see might be harmed by our injury. Ex. If someone is flailing about in the classroom and someone gets scared that they are going to get hit, then they get in their car and start speeding and hit a car. The person who gets hit cannot sue the flailing person because that’s not reasonable. Case - Otis vs. Clark- you don’t have to exercise absolute care, just reasonable care. Duty of landowners- there are 3 categories of people who will come on your land: o Invitee- people you ask to come on your land, you owe the most duty to this type of person. o Licensee- someone you did not invite, but they are not trespassing. Ex. Mailman, Salesperson, Girl Scouts. o Trespasser- you owe the least duty to these. (usually no duty) o Majority view: Hidden dangers, something on your prop that’s potentially dangerous, you have to let people know if you invite them on your prop. For a licensee, you should have a note posted or something. You don’t owe anything to trespasser. o Minority view: You owe everyone who comes on your prop the same level of duty. 2) Breach of Duty- you have to show that the defendant owed a duty of care to P and that they did not follow through. D failed to exercise the same care as a reasonable person under the same or
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similar circumstances would have exercised. Any circumstance of that situation should be considered when determining if D acted reasonably. Skill level/ Profession- a doctor helping a baby is different than a plumber helping a baby. Ex. Emergency situations- If you see someone jump out of a moving care, that does not look
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This note was uploaded on 04/02/2011 for the course LEB 320 taught by Professor Cole,bradley during the Spring '11 term at Alfred University.

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LEB notes 2 - Unit 2 Torts: Chapter 8 Basics o Definitions...

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