387 Slackers Review prelim2 - TORTS What is a tort? o A...

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T ORTS What is a tort? o A civil wrong (as opposed to a crime) o Private action for damages o No criminal liability N EGLIGENCE Elements (you need all 4) Duty – an obligation running from defendant to plaintiff to exercise reasonable care Breach – defendant was unreasonable based on the circumstances Causation – breach of duty must have caused damages o Direct (Actual) – “but for” the defendant’s breach would the damages have occurred? o Proximate – is it foreseeable that whatever the defendant did would have caused the harm? Damage - must have a physical damage; some sort of damage that the jury can quantify. PER SE NEGLIGENCE - if there’s a law or ordinance then you must find out what the purpose of that law or ordinance was (i.e. law against leaving keys in car in order to avoid thieves stealing and hurting the public). If it’s established that the defendant’s actions violated the law or ordinance and the resulting harm is exactly what the statue was trying to prevent, then you are per se negligent. o 4 part test for per se (need all): 1) Statue is violated, 2) violation proximately caused injury, 3) injury resulted from an occurrence that statue was meant to prevent, 4) person suffering injury was of class of persons that statue meant to protect o If this doesn’t work, try regular negligence Majority Rule (new rule) – Reasonable care to ALL regardless of classification On Property o Minority Rule (Old rule)
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387 Slackers Review prelim2 - TORTS What is a tort? o A...

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