Read full document

Torts Study Guide

By | March 2013
Page 1 of 18
Negligence: The failure of individuals to appreciate the risks caused by their conduct. •Synonymous with carelessness did not intend to cause harm to Plaintiff •To determine whether negligence exists, must ask:

1.Was the Defendant’s conduct unreasonable?
2.Did the Defendant cause the Plaintiff’s injury?
Elements of Negligence:
1.Duty by the Defendant to the Plaintiff
2.Defendant breached the duty of reasonable care
3.Defendant’s actions were the proximate cause (nearest cause/ number of factors that collectively caused the Plaintiff’s injuries) or actual cause (specific factor that caused the Plaintiff’s injuries) of the harm to Plaintiff 4.Plaintiff sustained damages/injuries

Foreseeability: The capacity for a party to reasonably anticipate a future event/ the extent to which something is predictable. -Intend the event/result or knew with substantial certainty the result would happen -Measured by an objective standard (based on conduct and perceptions external to a particular person) -Factors in Considering Foreseeability

1.Area- physical situation and location in which the event occurred 2.Activity- specific activities going on at the time of the accident/event 3.People- types of people involved in the activities that led to the event/result 4.Preparation- amount of preparation involved in an activity (longer preparation, more likely to foresee possible damages/injuries that could occur 5.Human Nature- kind of behavior usually expected of someone engaged in the kind of activity being examined 6.History- more frequently something has occurred in the past, the more foreseeable it is 7.Sensory Data- eyes, ears, nose, fingers, feet, etc. provide signs of what could happen? 8.Common Sense

Measured by objective standard
Should possess a certain minimum level of knowledge (understanding gained by actual experience) that enables them to understand the consequences of...

Rate this document

What do you think about the quality of this document?

Share this document

Let your classmates know about this document and more at