NEGLIGENCE
: Negligence is the most common of tort cases. At its core negligence occurs when a tortfeasor, the person responsible for committing a wrong, is careless and therefore responsible for the harm this carelessness caused to another.
What is the type of tort that occurs when a defendant acts in a way that subjects other people to an unreasonable risk of harm?
Terms in this set (69)
a civil wrong
that occurs when the defendant acts an a way that subjects other people to an unreasonable risk of of harm (i.e., the defendant is careless ,to someone else detriment). Negligence claims are usually used to achieve compensation for accidents and injuries.
What kind of tort occurs when the defendant takes an action that is inherently dangerous and Cannot ever be undertaken safely no matter what precautions the defendant takes?
–
civil wrong
that occurs when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
What are the three categories of intentional torts?
Under tort law, seven intentional torts exist. Four of them are personal: assault, battery, intentional infliction of emotional distress, and false imprisonment. The other three are
trespass to chattels, trespass to property, and conversion
.
What is considered a negligent tort?
The area of tort law known as negligence involves
harm caused by failing to act as a form of carelessness possibly with extenuating circumstances
. … Such loss may include physical injury, harm to property, psychiatric illness, or economic loss.
What are the 7 intentional torts against a person?
This text presents seven intentional torts:
assault, battery, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattels, and conversion
.
What are 4 elements to tort law?
The 4 elements to every successful tort case are:
duty, breach of duty, causation and injury
. For a tort claim to be well-founded, there must have been a breach of duty made by the defendant against the plaintiff, which resulted in an injury.
When would a defendant use the doctrine of res ipsa loquitur?
Watch this video on YouTube Res ipsa loquitur is a legal doctrine used
in personal injury cases to establish that a defendant acted negligently
. It allows a judge or jury to presume negligence when the facts of a case show that an accident occurred and there is no other explanation for it but for the defendant’s acts.
What duty did Lance have in this situation did he violate that duty?
In this situation, Lance has
a partial duty to care as bartender
that the obviously intoxicated drinkers should not be driving any vehicles. Lance violated that duty.
What is the final required element of a negligence action?
The final element of a negligence case is
“damages
.” This element requires that the court be able to compensate the plaintiff for his or her injury — usually through monetary compensation for expenses such as medical care or property repair.
Which of the following is considered an intentional tort?
Fraud, misrepresentation, defamation, and false imprisonment
are all usually considered intentional torts. So, too are assault and battery, and sometimes a wrongful death claim can arise from the commission of an intentional tort.
What is considered an intentional tort?
A type of tort that can only result from an intentional act of the defendant. … Common intentional torts are
battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress
.
What are some examples of tort law?
Common torts include:
assault, battery, damage to personal property, conversion of personal property, and intentional infliction of emotional distress
. Injury to people may include emotional harm as well as physical harm.
What four things must a plaintiff show do you prove negligence?
- The existence of a legal duty to the plaintiff;
- The defendant breached that duty;
- The plaintiff was injured; and,
- The defendant’s breach of duty caused the injury.
What are the 4 types of negligence?
- Gross Negligence. Gross Negligence is the most serious form of negligence and is the term most often used in medical malpractice cases. …
- Contributory Negligence. …
- Comparative Negligence. …
- Vicarious Negligence.
What are the 3 types of tort?
Torts fall into three general categories:
intentional torts
(e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products – see Products Liability).
