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Chapter 14 Negligence and Unintentional Torts LAW 120.

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Presentation on theme: "Chapter 14 Negligence and Unintentional Torts LAW 120."— Presentation transcript:

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2 Chapter 14 Negligence and Unintentional Torts LAW 120

3 500 400 300 200 100 Negligence and Unintentional Torts 5 Negligence and Unintentional Torts 4 Negligence and Unintentional Torts 3 Negligence and Unintentional Torts 2 Negligence and Unintentional Torts 1

4 Categories The obligation to foresee and avoid careless action that might cause harm to others. Negligence and Unintentional Torts 1 100 Points

5 Categories Negligence and Unintentional Torts 1 100 Points Duty of Care

6 Categories Negligence and Unintentional Torts 1 200 Points Damage to property or a personal injury caused by another person is a called:

7 Categories Civil Wrong known as a TORT Negligence and Unintentional Torts 1 200 Points

8 Categories Negligence and Unintentional Torts 1 300 Points What is an unintentional tort?

9 Categories Negligence and Unintentional Torts 1 300 Points They are injuries that are the result of an accident or an action that was not intended to cause harm.

10 Categories Careless conduct that causes foreseeable harm to another person is known as: Negligence and Unintentional Torts 1 400 Points

11 Categories NEGLIGENCE Negligence and Unintentional Torts 1 400 Points

12 Categories Explain the Neighbor principle. Negligence and Unintentional Torts 1 500 Points

13 Categories 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. Negligence and Unintentional Torts 1 500 Points

14 Categories An ordinary person of normal intelligence is know as: Negligence and Unintentional Torts 2 100 Points

15 Categories Negligence and Unintentional Torts 2 100 Points Reasonable Person

16 Categories Negligence and Unintentional Torts 2 200 Points The ability of a reasonable person to anticipate the consequence of an action is known as:

17 Categories Foreseeability Negligence and Unintentional Torts 2 200 Points

18 Categories Negligence and Unintentional Torts 2 300 Points The degree of caution or level of conduct expected of a reasonable person is known as:

19 Categories Negligence and Unintentional Torts 2 300 Points Standard of Care

20 Categories What are the factors in a Negligence Action? Negligence and Unintentional Torts 2 400 Points

21 Categories 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

22 Categories 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

23 Categories Specialized Standard of Care Negligence and Unintentional Torts 2 500 Points

24 Categories 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. Negligence and Unintentional Torts 3 100 Points

25 Categories Negligence and Unintentional Torts 3 100 Points TRUE – the factual “cause and effect” connection between one person’s action and another person’s injuries is known as Cause-in-fact.

26 Categories Negligence and Unintentional Torts 3 200 Points The concept of dividing up the fault among a number of wrongdoers is know as:

27 Categories Apportionment Negligence and Unintentional Torts 3 200 Points

28 Categories Negligence and Unintentional Torts 3 300 Points 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:

29 Categories Negligence and Unintentional Torts 3 300 Points 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.

30 Categories Explain what an intervening act is. Negligence and Unintentional Torts 3 400 Points

31 Categories 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

32 Categories 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. Negligence and Unintentional Torts 3 500 Points

33 Categories Liability Insurance Negligence and Unintentional Torts 3 500 Points

34 Categories Explain product liability. Negligence and Unintentional Torts 4 100 Points

35 Categories Negligence and Unintentional Torts 4 100 Points Product Liability is the area of the law that deals with negligence on the part of manufacturers.

36 Categories Negligence and Unintentional Torts 4 200 Points The responsibility of owners or renters to ensure that no one entering their premises is injured is known as:

37 Categories Occupiers’ Liability Negligence and Unintentional Torts 4 200 Points

38 Categories Negligence and Unintentional Torts 4 300 Points The legal responsibility for the negligence of another person is known as:

39 Categories Negligence and Unintentional Torts 4 300 Points Vicarious Liability

40 Categories 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

41 Categories Allurement Negligence and Unintentional Torts 4 400 Points

42 Categories Explain the term HOST. Negligence and Unintentional Torts 4 500 Points

43 Categories 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). Negligence and Unintentional Torts 4 500 Points

44 Categories Negligent acts by the plaintiff that helped cause the plaintiff’s injuries is known as: Negligence and Unintentional Torts 5 100 Points

45 Categories Negligence and Unintentional Torts 5 100 Points Contributory Negligence

46 Categories Negligence and Unintentional Torts 5 200 Points Explain Voluntary Assumption of Risk.

47 Categories 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) Negligence and Unintentional Torts 5 200 Points

48 Categories Negligence and Unintentional Torts 5 300 Points A document signed by the plaintiff, releasing the defendant from liability in the event of an injury is called a….

49 Categories Negligence and Unintentional Torts 5 Points 300 Waiver

50 Categories Explain a Statute of Limitations Negligence and Unintentional Torts 5 400 Points

51 Categories Statute of Limitation is a law that specifies the time within which legal action must take place. Negligence and Unintentional Torts 5 400 Points

52 Categories When a person has a defence that claims an accident was caused by an extraordinary, unexpected natural event, it is known as: Negligence and Unintentional Torts 5 500 Points

53 Categories …an Act of God. Negligence and Unintentional Torts 5 500 Points

54 Categories Put some closing remark here

55 Categories The Daily Double


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