tort law pt2 - CLASS 13: TORT LAW, PART II NEGLIGENCE CLASS...

Info iconThis preview shows pages 1–8. Sign up to view the full content.

View Full Document Right Arrow Icon
CLASS 13: TORT LAW, PART II - NEGLIGENCE
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
1. Introduction – Elements of Negligence 2. Duty 3. Due Care 4. Reasonable Person Test 5. Degrees of Negligence 6. Professional Negligence 7. Doctrine of Res Ipsa Loquitur 8. Doctrine of Negligence Per Se 9. Actual Cause (Cause-in-Fact) 10. Proximate Cause (Legal Cause) 11. Foreseeability – Palsgraf v. Long Island R.R. Co. 162 N.E. 99 (N.Y. 1928) 12. Defenses – Contributory Negligence/Comparative Fault 13. Defenses – Assumption of the Risk 14. Review Questions Chapter 8 2 CLASS 13: TORT LAW, PART II - NEGLIGENCE
Background image of page 2
Five Elements: a) Duty b) Breach of the Duty c) Actual Cause (Cause-in-Fact) d) Proximate Cause (Legal Cause) e) Damages Chapter 8 3 INTRODUCTION – ELEMENTS OF NEGLIGENCE
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Legal Duty: Concept that a person/entity must meet certain standards of conduct to protect others against unreasonable risks. Example: Landowner’s have a duty to make the premises reasonably safe for business visitors. Legal Right: Correlative of the phrase legal duty. A person has a legal right if, upon the breach of the corresponding legal duty, that person can secure a remedy in a judicial proceeding. Chapter 8 4 DUTY
Background image of page 4
Negligence: Sometimes defined as the failure to exercise due care. A person usually has no duty to avoid injuring through lack of action (i.e., failure to rescue). There is no affirmative duty to rescue, unless a special type of relationship exists (i.e., doctor who passes scene of accident, business located on the beach that provides swimmers with masks and fins may possess an affirmative duty to warn if they knew sharks where in the water). Chapter 8 5 DUE CARE
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Negligence presumes a uniform standard of behavior. This standard is that of a reasonable, prudent person using ordinary care and skill. The standard that is applied for negligence is asking this question: “What would the reasonable person do under these circumstances?” P. 142 Key Paragraph: “Negligence actions often involve the conduct of others. An operator of a business may be negligent in the selection of employees or in the failure to anticipate wrongful acts of others. The law requires that we take reasonable precautions to avoid injuries that are foreseeable. If a tavern employs a bartender with violent tendencies and he or she injures customers, liability based on a theory of negligence may be imposed. Likewise, entrusting an automobile to one incapable of driving would be a negligent act.” Chapter 8 6 REASONABLE PERSON TEST
Background image of page 6
the greater the risk , the higher the duty owed to others. Degrees of Negligence: Slight Negligence – Failure to use great care; Ordinary Negligence – Failure to use ordinary care; and Gross Negligence – Failure to exercise even slight care. Gross negligence is sometimes known as willful and wanton misconduct or a conscious disregard for the safety of others. Chapter 8
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 8
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 21

tort law pt2 - CLASS 13: TORT LAW, PART II NEGLIGENCE CLASS...

This preview shows document pages 1 - 8. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online