Torts - Part 2 Summary(more)

These flashcards cover key concepts, definitions, and rules related to Torts as discussed in the lecture notes.

What is the basic rule regarding the duty to rescue in the United States?

Individuals do NOT have a legal duty to intervene when others are in peril.

How does the U.S. duty to rescue differ from the European bystander rule?

In Europe, individuals can be punished for failing to aid someone in need of help.

What are some reasons why a general duty of care to rescue is not imposed?

Interveners may be jeopardized, lack information, or lack the ability to intervene successfully.

What is one exception where a duty to rescue may be imposed by statute?

Doctors may be required by law to report suspicions of child abuse.

What is a Good Samaritan Statute?

A law that may require individuals to intervene but relieves them of liability for civil damages.

When does assumption of duty occur?

When someone voluntarily intervenes, they assume a duty of care to intervene.

What is an 'Attractive Nuisance'?

A hazardous condition on a property likely to attract young children.

What must a plaintiff prove for causation in a tort action?

The defendant’s negligence caused the plaintiff’s harm.

What are the two types of causation in tort law?

Cause-In-Fact and Proximate Cause.

What is foreseeability in tort law?

It determines whether a person of average intelligence could foresee the consequences of conduct.

What is contributory negligence?

A total bar to recovery if the plaintiff is found to be negligent.

What is comparative fault?

A system that limits recovery proportionally based on the plaintiff's share of fault.

What does assumption of risk imply in tort cases?

It bars recovery for plaintiffs voluntarily assuming a known risk.

What is Res Ipsa Loquitur in products liability cases?

It applies when injury is caused by a defect that would not occur without negligence.

Under what condition are warnings not required for products?

When products are obviously dangerous, like knives or guns.

What is the doctrine of respondeat superior?

An employer can be held liable for the negligence of employees acting during employment.

What is strict liability in tort law?

Liability imposed without proof of negligence in certain cases.

What does 'joint and several liability' mean?

The plaintiff can seek damages from all defendants or any one of them individually.

What is the meaning of the 'Eggshell Plaintiff Rule'?

The defendant is liable for injuries of the plaintiff that are worsened by the plaintiff's unique vulnerabilities.

What are some proposed tort reforms aimed at reducing medical costs?

Limiting joint liability, increasing physician immunity, and caps on non-economic damages.