LEB Unit 2 - LEB Unit 2 2/18 Tort Can be committed against...

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Unformatted text preview: LEB Unit 2 2/18 Tort Can be committed against person or property Not just a wrong, but a civil wrong o Crimes are NOT torts Something you might be sued for o Dont involve police A civil wrong, other than a breach of contract, committed against person or property Basis is in common law Developed over time by judges Types o Intentional o Negligent Carelessness 4 Elements of Negligence Duty of reasonable care- Has to exist a duty of reasonable care: if the plaintiff wants to being a Negligence action, he/she owed a duty of reasonable care Dont owe anyone the duty to rescue/come to aid If you take on that responsibility, then there is a duty for reasonable care to not make situation worse Only owe this duty to those who we can reasonably foresee might be harmed by my carelessness One who voluntarily enters in affirmative course of action is regarded as assuming taking on the When because of an employees incapacity, an employer exercises control over employee, he has the duty to take such action as reasonably imprudent employer would take to prevent the employee from causing an unreasonable risk to others Duty of landowners o Three categories of people that can come on your land (++)Invitee- those who you have invited onto your land (+)Licensee- ups guy, sales people, people with license in some field that requires them to come onto your land (-)Trespassers Owe them no duty o Minority view- all three categories are owed same duty Breach of Duty: defendant failed to exercise the same care as a reasonable person under the same circumstances would The majority of courts say that violation of these things is to say you are negligent o Speed limit sign o Selling alcohol to someone who is intoxicated Some courts say this statute violation is just one of several factors that you can consider 2/21 Tort Intentional Negligent o 4 Elements Duty of Reasonable Care Breach of Duty Didnt live up to a standard that should be held accountable Causation Prove that defendant was the cause of the negligence Proximate (direct causation) Factual- o a) Causation in Fact (But-For Causation): Would the injury have occurred but for the defendants carelessness OR o b) Substantial factor- was a substantial factor in what lead to the injury Reasonably Foreseeable o Independent Intervening Cause Breaking the change of causation Emanates from a third party and disrupts the causal connection...
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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 Unit 2 - LEB Unit 2 2/18 Tort Can be committed against...

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