LAWS11064 Torts B Module 2 – Negligence: overview and duty of care.
Chapter 14 Negligence and Unintentional Torts LAW 120.
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Chapter 14 Negligence and Unintentional Torts LAW 120
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Transcript of Chapter 14 Negligence and Unintentional Torts LAW 120.
Chapter 14Negligence
and Unintentional Torts
LAW 120
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Negligence and Unintentional
Torts 5
Negligence and Unintentional
Torts 4
Negligence and Unintentional
Torts 3
Negligence and Unintentional
Torts 2
Negligence and Unintentional
Torts 1
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The obligation to foresee and avoid
careless action that might cause harm
to others.
Negligence and Unintentional Torts 1
100 Points
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Negligence and Unintentional Torts 1
100 Points
Duty of Care
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Negligence and Unintentional Torts 1
200 Points
Damage to property or a personal
injury caused by another person is a
called:
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Civil Wrong known as a TORT
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Negligence and Unintentional Torts 1 300 Points
What is an unintentional tort?
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Negligence and Unintentional Torts 1 300 Points
They are injuries that are the result of an
accident or an action that was not
intended to cause harm.
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Careless conduct that causes
foreseeable harm to another person is
known as:
Negligence and Unintentional Torts 1 400 Points
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NEGLIGENCE
Negligence and Unintentional Torts 1 400 Points
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Explain the Neighbor principle.
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It means that in the law everyone owes a duty of care not to
harm his or her neighbor by being careless or negligent. Your
neighbor is anyone who you can reasonably foresee being
injured by your actions.
Negligence and Unintentional Torts 1 500 Points
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An ordinary person of normal intelligence is know as:
Negligence and Unintentional Torts 2
100 Points
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Negligence and Unintentional Torts 2 100 Points
Reasonable Person
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Negligence and Unintentional Torts 2 200 Points
The ability of a reasonable person to
anticipate the consequence of an
action is known as:
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Foreseeability
Negligence and Unintentional Torts 2 200 Points
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Negligence and Unintentional Torts 2 300 Points
The degree of caution or level of conduct
expected of a reasonable person is known
as:
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Negligence and Unintentional Torts 2 300 Points
Standard of Care
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What are the factors in a Negligence
Action?
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Stage one – Did the defendant owe the plaintiff a duty of
care?
Stage two – Did the defendant fail to provide the plaintiff
with the proper standard of care that a reasonable person
would have provided in a similar situation?
Stage three – Did the defendant’s actions cause the
plaintiff injuries?
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The degree of caution or level of conduct
considered necessary by a reasonable person with
the same specialized training is know as:
Negligence and Unintentional Torts 2 500 Points
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Specialized Standard of Care
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True or False: Cause-in-fact is usually determined by the “but for”
test. If an injury would not have happened “but for” the defendant’s
actions, then those actions were a cause-in-fact of the injury.
Negligence and Unintentional Torts 3100 Points
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Negligence and Unintentional Torts 3 100 Points
TRUE – the factual “cause and effect”
connection between one person’s
action and another person’s injuries is
known as Cause-in-fact.
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Negligence and Unintentional Torts 3 200 Points
The concept of dividing up the fault
among a number of wrongdoers is
know as:
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Apportionment
Negligence and Unintentional Torts 3 200 Points
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Negligence and Unintentional Torts 3 300 Points
If the defendant could not have foreseen that his or her
actions could cause the type of injury that resulted, then
the defendant would not be held liable. This principle is
referred to as:
Categories
Negligence and Unintentional Torts 3 300 Points
Remoteness of Damage
-harm that could not have been foreseen by the
defendant due to the lack of a close connection
between the wrong and the injury.
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Explain what an intervening act is.
Negligence and Unintentional Torts 3 400 Points
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The actions of the defendant can also be seen as too
remote from the plaintiff’s injuries if, in the chain of
events leading up to the injury, some unforeseeable event
occurs that becomes the legal cause of the injury. This
new act is known as the intervening act.
Negligence and Unintentional Torts 3 400 Points
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Parents are not automatically liable for damages caused by their children, but they can be held liable for
negligence if they fail to train their children or supervise their activities. If an unsupervised child starts playing with matches and starts a fire, a court would likely find
the parents liable for any damages because of their failure to supervise the child. Parents generally have the ability
to pay and have ________ to cover the damages.
Negligence and Unintentional Torts 3 500 Points
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Liability Insurance
Negligence and Unintentional Torts 3 500 Points
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Explain product liability.
Negligence and Unintentional Torts 4 100 Points
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Negligence and Unintentional Torts 4 100 Points
Product Liability is the area of the law that deals
with negligence on the part of manufacturers.
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Negligence and Unintentional Torts 4 200 Points
The responsibility of owners or renters to ensure that no
one entering their premises is injured is known as:
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Occupiers’ Liability
Negligence and Unintentional Torts 4 200 Points
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Negligence and Unintentional Torts 4 300 Points
The legal responsibility for the negligence
of another person is known as:
Categories
Negligence and Unintentional Torts 4 300 Points
Vicarious Liability
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The law treats children who trespass differently from
adults. The courts acknowledge that children are easily
attracted to sites such as swimming pools or playgrounds.
A site that might entice a child is known as:
Negligence and Unintentional Torts 4 400 Points
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Allurement
Negligence and Unintentional Torts 4 400 Points
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Explain the term HOST.
Negligence and Unintentional Torts 4 500 Points
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People who serve alcohol to their guests are
legally known as hosts. They may be commercial
hosts (bars and restaurants), or social hosts
(serving alcohol in their homes).
Negligence and Unintentional Torts 4 500 Points
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Negligent acts by the plaintiff that
helped cause the plaintiff’s injuries is
known as:
Negligence and Unintentional Torts 5
100 Points
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Negligence and Unintentional Torts 5 100 Points
Contributory Negligence
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Negligence and Unintentional Torts 5 200 Points
Explain Voluntary Assumption of
Risk.
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Voluntary assumption of risk claims that the
plaintiff knowingly and willingly assumed the
potential risks normally associated with a
particular activity (bungee jumping or
parasailing)
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200 Points
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Negligence and Unintentional Torts 5 300 Points
A document signed by the plaintiff,
releasing the defendant from liability
in the event of an injury is called a….
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Negligence and Unintentional Torts 5 Points 300
Waiver
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Explain a Statute of Limitations
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Statute of Limitation is a law that specifies the
time within which legal action must take place.
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400 Points
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When a person has a defence that claims an
accident was caused by an extraordinary,
unexpected natural event, it is known as:
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…an Act of God.
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Put some closing remark here
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The Daily Double
![Torts Summary Not Including Negligence[1]](https://static.fdocuments.us/doc/165x107/553d5e314a795932248b464e/torts-summary-not-including-negligence1.jpg)
