Social Science Law Civil Law
4: Understanding Tort Law and Liability Claims
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Four essential elements of negligence Existence of a legal duty
Failure to perform a legal duty to use reasonable care
Damages or injuries to a claimant
Proximate cause between the negligent act and the infliction of injury
Negligence The failure to exercise the degree of care that a reasonable person in a similar
situation would exercise to avoid harming others.
Tort A wrongful act or an omission, other than a crime or a breach of contract, that
invades a legally protected right.
Tortfeasor A person or an organization that has committed a tort.
Plaintiff The person or entity who files a lawsuit and is named as a party.
Defendant Defendant
Legal duty An element of negligence that exists when parties are in such a relationship that
the law imposes on one party the responsibility for the exercise of care toward
the other party.
Statute A written law passed by a legislative body at either the federal or state level.
Contract A legally enforceable agreement between two or more parties.
Common law (case law) Laws that develop out of court decisions in particular cases and establish
precedents for future cases.
, Reasonable person test A standard for the degree of care exercised in a situation that is measured by
what a reasonably cautious person would or would not do under similar
circumstances.
Common carriers Airlines, railroads, or trucking companies that furnish transportation to any
member of the public seeking their offered services.
Proximate cause A cause that, in a natural and continuous sequence unbroken by any new and
independent cause, produces an event and without which the event would not
have happened.
"But for" rule A rule used to determine whether a defendant's act was the proximate cause of a
plaintiff's harm based on the determination that the plaintiff's harm could not have
occurred but for the defendant's act.
Substantial factor rule A rule used to determine proximate cause of a loss by determining which of the
acts are significant factors in causing the harm.
Foreseeability rule A rule used to determine proximate cause when a plaintiff's harm is the natural
and probable consequence of the defendant's wrongful act and when an
ordinarily reasonable person would have foreseen the harm.
Intervening act An act, independent of an original act and not readily foreseeable, that breaks the
chain of causation and sets a new chain of events in motion that causes harm.
Concurrent causation (concurrent causation doctrine) A legal doctrine stating that if a loss can be attributed to two or more
independent concurrent causes—one or more excluded by the policy and one
covered—then the policy covers the loss.
Negligence per se An act that is considered inherently negligent because of a violation of a law or an
ordinance.
Res ipsa loquitur A legal doctrine that provides that, in some circumstances, negligence is inferred
simply by an accident occurring.
Exclusive control The control of only one person or entity; in tort law the control by the defendant
alone of an instrument that caused harm.
Comparative negligence A common-law principle that requires both parties to a loss to share the financial
burden of the bodily injury or property damage according to their respective
degrees of fault.
Contributory negligence A common-law principle that prevents a person who has been harmed from
recovering damages if that person's own negligence contributed in any way to the
harm.
Last clear chance doctrine An excuse for a plaintiff's contributory negligence that holds the party who has
the last clear chance to avoid harm and fails to do so solely responsible for the
harm.
4: Understanding Tort Law and Liability Claims
Save
Students also studied
Sports Law - Lec. 12 'Email Marketin... BUS law final LGS Exam Torts E
21 terms Teacher 59 terms 57 terms 23 terms
Imanolajuwon Preview JIMBO_Loves_you Preview atdinkel Preview dre
Four essential elements of negligence Existence of a legal duty
Failure to perform a legal duty to use reasonable care
Damages or injuries to a claimant
Proximate cause between the negligent act and the infliction of injury
Negligence The failure to exercise the degree of care that a reasonable person in a similar
situation would exercise to avoid harming others.
Tort A wrongful act or an omission, other than a crime or a breach of contract, that
invades a legally protected right.
Tortfeasor A person or an organization that has committed a tort.
Plaintiff The person or entity who files a lawsuit and is named as a party.
Defendant Defendant
Legal duty An element of negligence that exists when parties are in such a relationship that
the law imposes on one party the responsibility for the exercise of care toward
the other party.
Statute A written law passed by a legislative body at either the federal or state level.
Contract A legally enforceable agreement between two or more parties.
Common law (case law) Laws that develop out of court decisions in particular cases and establish
precedents for future cases.
, Reasonable person test A standard for the degree of care exercised in a situation that is measured by
what a reasonably cautious person would or would not do under similar
circumstances.
Common carriers Airlines, railroads, or trucking companies that furnish transportation to any
member of the public seeking their offered services.
Proximate cause A cause that, in a natural and continuous sequence unbroken by any new and
independent cause, produces an event and without which the event would not
have happened.
"But for" rule A rule used to determine whether a defendant's act was the proximate cause of a
plaintiff's harm based on the determination that the plaintiff's harm could not have
occurred but for the defendant's act.
Substantial factor rule A rule used to determine proximate cause of a loss by determining which of the
acts are significant factors in causing the harm.
Foreseeability rule A rule used to determine proximate cause when a plaintiff's harm is the natural
and probable consequence of the defendant's wrongful act and when an
ordinarily reasonable person would have foreseen the harm.
Intervening act An act, independent of an original act and not readily foreseeable, that breaks the
chain of causation and sets a new chain of events in motion that causes harm.
Concurrent causation (concurrent causation doctrine) A legal doctrine stating that if a loss can be attributed to two or more
independent concurrent causes—one or more excluded by the policy and one
covered—then the policy covers the loss.
Negligence per se An act that is considered inherently negligent because of a violation of a law or an
ordinance.
Res ipsa loquitur A legal doctrine that provides that, in some circumstances, negligence is inferred
simply by an accident occurring.
Exclusive control The control of only one person or entity; in tort law the control by the defendant
alone of an instrument that caused harm.
Comparative negligence A common-law principle that requires both parties to a loss to share the financial
burden of the bodily injury or property damage according to their respective
degrees of fault.
Contributory negligence A common-law principle that prevents a person who has been harmed from
recovering damages if that person's own negligence contributed in any way to the
harm.
Last clear chance doctrine An excuse for a plaintiff's contributory negligence that holds the party who has
the last clear chance to avoid harm and fails to do so solely responsible for the
harm.
