What Is a Tort? Why Are They Important?

ACT 215 SI Handout: Chapter 4

What is a tort? Why are they important?

Types of Torts: a) Unintentional Torts:

i. Negligence:

 Plaintiff must prove:

 Did the Plaintiff owe a duty of care?

 Did the Defendant Breach his Duty of Care?

 Did the Plaintiff Suffer a Recognizable Injury?

 Was the Defendant’s Action the Cause of the Plaintiff’s Injury?

ii. Special Negligence Standards  Negligence per se (negligence in itself): ______of a law establishes a breach of duty, or criminal act causes a breach  Res ipsa loquitor: the ______speaks for itself, do not have to prove ______iii. Defenses to Negligence  Contributory Negligence: negligence on the part of the plaintiff ______some part of the injury; cannot redeem any ______ Comparative Negligence: compares the fault of the ______and the ______ex. Fault is 50%/50%, plaintiff receives ______in damages  Intervening Cause: something beyond the ______control caused the injuries

 Assumption of risk: Plaintiff ______the likelihood of injury by knowingly engaging in a ______activity. iv. Specific Types of Negligence  Malpractice: Claim asserted against a ______(physician, dentist, attorney) for injuries because the defendant failed to exercise the appropriate amount of ______ Dram shop actions: establishment has served too much ______to a patron, which caused ______ Strict Liability: liable whether or not they practiced ______. Used when defendant is engaging in a very ______activity (using explosives, possessing vicious animals)