Exam 2 Study Guide - 1. Explain the remark that liability...

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1 . Explain the remark that liability for fault came into the law as a limitation on liability. 2. What are the three kinds of torts? (p.145) Intentional, Negligence, and strict liability Intentional – when the person causing harm meant to do so Negligence – carelessness Strict liability holds that the actor responsible even though he did not mean harm the victim and exercised care in trying to avoid the harm. Sarah Intentional torts - when the person causing the harm meant to do so Negligence - involves carelessness Strict liability- hold the actor responsible even though he did not mean to harm the victim, and exercised care in trying to avoid the harm. 3. What are the three purposes of tort law? (p.141) 1. Deterence or incentives 2. Compensation 3. And Fairness Sarah To give people incentive for good conduct and to avoid injuring other people; provide monetary compensation to those who are injured for medical expenses, damages, injuries, etc; and serves our sense of justice. 4. What are the elements of a cause of action for negligence? a. Defendant owes a duty to plaintiff b. The duty has been violated c. Defendant's act was the proximate cause of plaintiff's injury d. Plaintiff suffered compensable damages 5. Explain the reasonable person standard for negligence. How is it usually determined whether someone’s behavior is reasonable? 1. Duty of Care a. Standard i. Characterized by reasonable man standard b. Avoid liability 1. Page 156 a. Reasonable does not mean average i. Average person can do something unreasonable, example talking on cell phone while driving b. Reasonable i. Question of fact for the jury to find 1. Disability and the reasonable man? a. Example i. Blind ii. What's the standard? 1. Vaughan versus Menlove a. Page 156
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1. Fault in law is NOT the same as being morally to blame 2. Not that they deserve it - promoting general welfare 3. Physical disabilities a. Relevatized to that disability 1. Metnal a. Does not relavativize the resaonble person standard 1. Person with special skill or knowledge a. Reasonable is enhanced 1. Duty of ccare a. Reasonable person 1. Addition to reasonable behavior The reasonable person standard measures the reasonable care that was used in tort cases. This determines if the defendant was acting in the way a reasonable person would act in a situation and was promoting a duty of care. The reasonable person is not any particular person or an average person. Instead, the reasonable person is the personification of the Hand Formula, a hypothetical and superior who acts the way everyone should act all of the time. 6. How does the reasonable person standard apply to (a) those with physical disabilities, (b) those with mental limitations, and (c) those with special skills? Mental – does not relvativise the reasonable person standard.
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This note was uploaded on 06/20/2011 for the course PHL 135 taught by Professor Benditt during the Fall '10 term at University of Alabama at Birmingham.

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Exam 2 Study Guide - 1. Explain the remark that liability...

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