LEGL - Ch. 10 (Part II) & Ch. 14 (Part I)

LEGL - Ch. 10 (Part II) & Ch. 14 (Part I) - Tort...

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Unformatted text preview: Tort Law Tort Law Chapter Ten Tort Law Tort Law Unintentional Torts Negligence = An unintentional injury resulting from the defendant’s failure to use reasonable care Tort Law Tort Law Elements of Negligence: Duty of Care = Requires people to act with the watchfulness, attention, caution and prudence that a reasonable person would under the circumstances Tort Law Tort Law Elements of Negligence: Duty of Care Breach of Duty Causation in Fact Proximate Causation Injury Tort Law Tort Law Defenses to Negligence Action: Contributory Negligence – When the Plaintiff Plaintiff was also at least partially to blame for the injury Assumption of Risk = When plaintiff knowing and willing undertakes an activity made dangerous by the negligence of another Tort Law Tort Law Strict Liability Torts Strict Products Liability Production defect = Product not manufactured according to the manufacturer’s own standards Design defect = Product manufactured according to standards, but in an unsafe manner Tort Law Tort Law Strict Liability Torts Strict Products Liability Abnormally Dangerous Activity Activities that involve a high degree of risk of serious harm The risk cannot be completely guarded against by the exercise of reasonable care The activity is not one commonly performed in the area Tort Law Tort Law Damages Compensatory Damages = Compensation to the plaintiff for the injuries suffered Punitive Damages = Damages intended to punish defendant for intentional tort or willful and wanton negligence Willful and wanton negligence Business Organizations Business Organizations Chapter Fourteen Business Organizations Business Organizations Factors to consider when selecting an organizational form: Creation Continuity Managerial Control Liability Taxation Business Organizations Business Organizations Closely held vs. Publicly held Closely held = Organization owned by a relatively small number of individuals Publicly held = Owned by thousands of people and traded on a stock exchange ...
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This note was uploaded on 09/21/2011 for the course LEGL 2700 taught by Professor Reed during the Spring '07 term at University of Georgia Athens.

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