Introduction to Tort and Negligence: Duty of Care and Breach of Duty

A set of flashcards summarizing key vocabulary and concepts in tort law, specifically focusing on duty of care and breach of duty.

Tort

A civil wrong that involves infringement of a legal right or breach of duty, giving rise to a civil claim.

Duty of Care

A legal obligation requiring a standard of care toward others to prevent harm; established through foreseeability and proximity.

Negligence

Failure to take proper care in doing something, which results in damage or injury to another.

Tortfeasor

A person who commits a tort, resulting in harm to another party.

Breach of Duty

A violation of the standard of care owed by one party to another; assessed based on whether a reasonable person would have acted differently.

Res Ipsa Loquitur

A legal doctrine meaning 'the thing speaks for itself,' allowing negligence to be inferred from the very nature of an accident or injury.

Causation

The action of causing something; in tort law, it refers to establishing a direct link between a party's act and the resultant harm.

Defendant

The party being accused or sued in a court of law.

Claimant

The person who brings a case against another in a court of law; formerly known as the plaintiff.

Public Body Liability

Legal obligations of public entities, such as government bodies, to ensure they do not harm individuals in the execution of their duties.

Limitation Period

The maximum time period after an event within which legal proceedings may be initiated.

Vicarious Liability

Legal responsibility of an employer or principal for the negligent actions of an employee or agent.

Duty to Rescue

The legal principle stating that a person may have a duty to assist others in emergency situations under certain conditions.

Compensation

Monetary payment made to a victim for loss or injury due to another's wrongdoing.

Deterrence

The prevention of future wrongdoing by imposing penalties or liabilities on wrongdoers.