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Chapter 14 Negligence and Unintentional Torts LAW 120
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Page 1: Chapter 14 Negligence and Unintentional Torts LAW 120.

Chapter 14Negligence

and Unintentional Torts

LAW 120

Page 2: Chapter 14 Negligence and Unintentional Torts LAW 120.

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Torts 5

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Torts 1

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The obligation to foresee and avoid

careless action that might cause harm

to others.

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100 Points

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100 Points

Duty of Care

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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

Negligence and Unintentional Torts 1 200 Points

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What is an unintentional tort?

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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

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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.

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An ordinary person of normal intelligence is know as:

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Reasonable Person

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The ability of a reasonable person to

anticipate the consequence of an

action is known as:

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Foreseeability

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The degree of caution or level of conduct

expected of a reasonable person is known

as:

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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?

Negligence and Unintentional Torts 2 400 Points

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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.

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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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The concept of dividing up the fault

among a number of wrongdoers is

know as:

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Apportionment

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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:

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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.

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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.

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Liability Insurance

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Explain product liability.

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Product Liability is the area of the law that deals

with negligence on the part of manufacturers.

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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

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The legal responsibility for the negligence

of another person is known as:

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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

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Explain the term HOST.

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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).

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Negligent acts by the plaintiff that

helped cause the plaintiff’s injuries is

known as:

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100 Points

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Contributory Negligence

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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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A document signed by the plaintiff,

releasing the defendant from liability

in the event of an injury is called a….

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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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