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Torts Study Guide

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  • March 2013
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TORTS EXAM 2 STUDY GUIDE
NEGLIGENCE
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

REASONABLE PERSON
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...