Foreseeable. The reasonable anticipation that harm or injury is likely to result from certain acts or omissions. Under negligence, a plaintiff must demonstrate that a reasonable and prudent person would have foreseen or anticipated the potential danger of the defendant’s conduct.
What is the unintentional commission or omission of an act that a reasonably prudent person would or would not perform under given circumstances?
A tort
, a civil or personal wrong. It is the unintentional commission or omission of an act that a reasonably prudent person would or would not perform under given circumstances.
What test is used to determine if an act caused the claimed damage?
The most common test of proximate cause under the American legal system is
foreseeability
. It determines if the harm resulting from an action could reasonably have been predicted. The test is used in most cases only in respect to the type of harm.
What is an action to make up for injury?
An
action taken deliberately to harm another person and/or his or her property; intentional wrong
. In a civil case, money the court requires a defendant to pay a winning plaintiff to make up for harm caused. This harm can be financial, physical, and, in some jurisdictions, emotional.
When there is reasonable anticipation that harm or injury will result from an act or a failure to act it is referred to as?
Foreseeability
. Reasonable anticipation that harm or injury is likely to result from an act or an omission of an act. Intentional tort.
Is failure to act when there is a duty to act?
Negligence is an act (or failure to act) when you owe a duty to another individual. For instance, a customer who falls and breaks their arm after slipping on a spill that was not promptly cleaned up may have a negligence claim against the shopkeeper.
What are the four main defenses to negligence?
The most common negligence defenses are
contributory negligence, comparative negligence, and assumption of risk
.
Is the tort of willful and intentional misrepresentation that could cause harm or loss to a person or property?
| Question Answer | Willful and intentional misrepresentation that could cause harm or loss to a person or property. Physician submits multiple bills for single office visits. OIG investigates cases of Medicare & Medicaid FRAUD | Battery, Assault,False imprisonment INTENTIONAL TORTS |
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What is the name of a crime that is generally punishable by a fine or up to a year in jail quizlet?
Terms in this set (24) Felonies are punishable by more than one year in prison. Offenses less serious than felonies and usually punishable by incarceration of no more than one year in jail are called
misdemeanors
. For an act to be considered a crime, the intent and the act must be present at the same time.
What is a threat coupled with the apparent present ability to do immediate physical harm to another?
An assault
is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability.
What is the but for rule?
The but-for test is
a test commonly used in both tort law and criminal law to determine actual causation
. The test asks, “but for the existence of X, would Y have occurred?” Of the numerous tests used to determine causation, the but-for test is considered to be one of the weaker ones.
What is the but for test in negligence?
In many claims for professional negligence, a relevant test for causation is the “but for” or sine qua non rule. What this rule imposes is
the test of whether the financial loss sustained by the claimant would have been suffered without the negligent act of the defendant
.
Do you need both actual and proximate cause?
Part of proving the elements of negligence is showing the actual and proximate causes. An actual cause, also referred to as cause in fact, is the simpler of the two concepts. … Proximate cause, however,
has to be determined by law as the primary cause of injury
. So, without the proximate cause the injury would not exist.
Can you sue someone for accidentally hurting you?
Yes
, if you negligently, or unreasonably carelessly, injure another person, they can sue you, such as for medical costs, lost wages, and “pain and suffering.” If they can prove your negligence, they can get a money judgement against you.
Can you sue for fainting?
You will need to have a medical expert testify that the fainting was a “medically probable” result of the probing. I think her probing around in one arm is not likely to have caused you to be dizzy, to faint, and to shatter your jaw. …
You have a year
in California to file a lawsuit in a medical malpractice case.
What is done to compensate for an injury or to enforce some right?
the action or procedure followed to enforce a right or to get damages for an injury to a right. Rescission. allows the parties to treat the contract as canceled. money
damages
.
the payment of money
to compensate for injury.
