tort notes - Tort-harm committed against person or property...

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Tort-harm committed against person or property - Tort you didn’t mean to do (negligence) vs. you did mean to do (intentional) - Elements – things that plaintiff has to show by properderance of evidence to win the trial - Defenses – things that can relieve the defendant of liability, get defendant off of liability - Civil wrong; crimes are not torts (crime – you go to court and prosecuted) - Qualification of Tort – something you might be sued for, don’t involve police or district attorney, involves plaintiff and defendant, not a breach of contract, a tort is a civil wrong(not criminal), other than breach of contract, committed against personal property or another (contract – own area of law, not a tort), bases in common law (just like contracts) – developed over time by judges, civil wrong duties (court law), scope horizontally very broad (covers a lot, breach of duty between people, wrong committed against people, common law) Negligence tort vs. intentional torts Negligence – you don’t mean to do it, little reckless, not really paying attention, never formed in mind intent to do certain act, careless Negligence - Careless, reckless - Something that was entirely accident (didn’t mean to do it, but caused – negligence can be anything, when you bring negligence action, bring lawsuit for negligence, bring negligence action) - No matter what action is, every single possible claim has same elements (4 elements of negligence) - You look at particular situation, and you look within that situation and see if you meet that 4 elements - Actionable claim in itself - Those with names – intentional torts, everything else – negligence 4 elements of negligence 1) Duty of reasonable care (always no negligence if no duty) – has to exist duty of reasonable care meaning if the plaintiff wants to bring negligible action
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against defendant first thing she has to show is that Jason owed her duty of reasonable care. If you can’t show this, can’t go to 2 nd or 3 rd or 4 th . Duty of reasonable care: exist for everybody a duty not to injure another, all of us reasonable care not to injure another, owe duty of care to those in the sphere of area? Exercise reasonable care not to injure another (doesn’t matter if you don’t know them) owe that person duty of reasonable care, you don’t owe anyone coming to rescue you. Duty not to be offensive but no duty to come to someone’s aid and play rescue. If you do come to someone’s aid, you then take on a duty to take reasonable care and not to make situation worse, no duty until you choose to involve yourself. Only owe your duty to those who we can reasonably foresee might be harmed by our injury- was it reasonably foreseeable? (not possible, not definitely) but reasonably foreseeable that that person might be harmed by my carelessness, negligence Case: he entered, voluntarily entered affirmative action, affecting interest of others, taken as assuming to take care with reasonable care. Duty of care do you owe to
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tort notes - Tort-harm committed against person or property...

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