Torts and Negligence Study Notes

CHAPTER 11: TORTS NEGLIGENCE

  • Definition: Negligence is the failure to act as a reasonably prudent person would under similar circumstances.

  • Forms of Negligence: Can arise from an act or a failure to act.

Elements of a Claim for Negligence

  1. Duty: Obligation to conform to a standard of care.

  2. Breach: Conduct falling below applicable standard of care.

  3. Causation:

    • Actual Cause: Without which the incident would not have occurred (but for test).

    • Proximate Cause: Directly responsible cause of harm.

  4. Damage: Harm or injury suffered by the plaintiff.

Sources of Duty

  • Statutes/Ordinances: E.g., traffic laws impose specific duties.

  • Case Precedent: Standards of care established by court cases.

  • Age & Disability: Duty varies by age (e.g., children have different standards) and disability.

  • Common Carriers: Higher duty of care.

  • Professional Skills: Standard relates to the expertise of professionals.

Breach of Duty

  • Simply failing to act in accordance with one’s duty.

Types of Causation

  • Actual Cause: Something that directly led to the incident.

  • Proximate Cause: Legal cause that has a direct link to the injury.

  • Foreseeability: Only foreseeable consequences can count as proximate causes.

Damages in Negligence

  • Compensatory Damages: To make the injured party whole.

  • Punitive Damages: Intended to punish the tortfeasor and deter behavior.

Defenses to Negligence Claims

  • Contributory Negligence: Plaintiff's negligence contributes to their injury.

  • Comparative Negligence: Apportioning fault among parties.

  • Affirmative Defenses: Claim legal reasons to avoid liability.

Strict Liability

  • Applies to abnormally dangerous activities; parties can be held liable regardless of fault.

  • Common Activities: Involves serious risk that cannot be eliminated with care.

Intentional Torts

  • Civil wrongs intentional in nature, including:

    • Battery: Unauthorized contact.

    • Assault: Threat of imminent harmful contact.

    • False Imprisonment: Confinement without legal justification.

    • Defamation: False statements harming reputation.

Torts in Products Liability

  • Liability of manufacturers/sellers for defects; eliminated privity of contract.

  • Theories of liability: intentional misconduct, negligence, strict liability, breach of warranty.

Chapter 13: Agency

  • Agency Definition: Legal relationship where one acts on behalf of another.

  • Creation: Through consent, without need of formalities.

  • Authority: Can be actual (express or implied) or apparent.

  • Vicarious Liability: Principal liable for agent’s torts under respondeat superior.