Chapter 19 - The Liability Risk (2)

Chapter 19 - The Liability Risk (2) - The Liability Risk...

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Chapter 19 RIL 211 The Liability Risk
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Agenda Basis of legal liability Law of Negligence Current tort liability problems
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Basis of Legal Liability A legal wrong is a violation of a person’s legal rights, or a failure to perform a legal duty owed to a certain person or to society as a whole Legal wrongs include: Crime Breach of contract Tort
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Basis of Legal Liability A tort is a legal wrong for which the court allows a remedy in the form of money damages The person who is injured (plaintiff ) by the action of another (tortfeasor ) can sue for damages Torts fall into three categories: Intentional, e.g., fraud, assault Strict liability : liability is imposed regardless of negligence or fault Negligence
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Law of Negligence Negligence is the failure to exercise the standard of care required by law to protect others from an unreasonable risk of harm The standard of care is not the same for each wrongful act. It is based on the care required of a reasonably prudent person
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Law of Negligence Elements Negligence Existence of a legal duty to use reasonable care Failure to perform that duty Damage or injury to the claimant Proximate cause relationship between the negligent act and the infliction of damages A proximate cause relationship requires an unbroken chain of events
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Law of Negligence The law allows for the following types of damages: Compensatory damages compensate the victim for losses actually incurred. They include: Special damages , e.g., medical expenses General damages , e.g., pain and suffering Punitive damages are designed to punish people and organizations so that others are deterred from committing the same wrongful act
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Law of Negligence The ability to collect damages for negligence depends on state law Under a contributory negligence law , the injured person cannot collect damages if his or her care falls below the standard of care required for his or her protection Under strict application of common law, the injured cannot collect damages if his or her conduct contributed in any way to the injury
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Law of Negligence Under a comparative negligence law , the financial burden of the injury is shared by both parties according to their respective degrees of fault Under the pure rule, you can collect damages even if you are negligent, but your reward is reduced in proportion to your fault Under the 49 percent rule, you can collect damages only if your negligence is less than the negligence of the other party Under the 50 percent rule, you can recover reduced damages only if your negligence is not greater than the negligence of the other party
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Law of Negligence Some legal defenses can defeat a claim for damages: The last clear chance rule states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear
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This note was uploaded on 03/27/2012 for the course ACC 101 taught by Professor Smith during the Spring '12 term at Missouri State University-Springfield.

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Chapter 19 - The Liability Risk (2) - The Liability Risk...

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