Chapter 4 Notes - 2

Chapter 4 Notes - 2 - Ch. 4 Unintentional Torts...

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Ch. 4 Unintentional Torts (Negligence) – the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances Must prove each of the following: 1. That the defendant owed a duty of care to the plaintiff 2. That the defendant breached that duty 3. That the plaintiff suffered a legally recognizable injury 4. That the defendant’s breach caused the plaintiff actual injury 5. That the defendant’s breach caused the plaintiff proximate injury The Duty of Care and Its Breach o Duty of care – the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others o Reasonable Person Standard – the standard of behavior expected of a hypothetical “reasonable person.” The standard against which negligence is measured and that must be observed to avoid liability for negligence o The Duty of Landowners – landowners are expected to exercise reasonable care to protect persons coming onto their property from harm Business invitee – a person, such as a customer or a client, who is invited
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Chapter 4 Notes - 2 - Ch. 4 Unintentional Torts...

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