Negligence and Intent and The Elements of Negligence
Is lightly brushing by people on public transit considered tort?
Yes
Definition of intent
Intent is the true purpose of an act (one’s hope/desire for results of action).
Tort
“a wrong”
When you enter a property who isn't yours without any permission or legal right to be there
Trespasser
The process of suing
Litigation
Who is reasonable person?
Someone who has neither physical nor developmental disabilities, is careful, thoughtful, and considerate
Examples of an intentional tort?
Foreseeability is the ability to predict what could result in an action caused by the indicator.
What is Duty of Care?
A legal duty placed upon someone. Your actions must not cause harm to people or their property
A person who enters the property with the occupiers permission.
Licensee
Which one isn't a type of damage: General, Specific, Aggravated, Special, and Nominal
Specific
Your actions must not cause harm to people or their property
Duty of care
Examples of an intentional tort?
Assault, battery, false imprisonment, trespassing, causing nuisance, and defamation are examples of intentional torts.
Tort law allows a person to sue for damages in a _____ court of law
Civil
Can Bar and restaurant owners get sued if someone gets hurt/killed by a drunk driver leaving their party?
yes
Can receive $1-100 with this damage
Nominal damages
3 main characteristics of Negligence
-The action is unintentional
-It is unplanned
-An injury results
Voluntary Assumption of Risk only works if...
This defense only works in the Defendant’s favor when they can prove that the plaintiff knew the risk of the situation/actions and made the decision to assume that risk
A direct connection between the defendant’s negligent actions and the plaintiff’s
Causation
When someone uses your car with your permission and an accident happens, you are liable for the negligence
Vicarious Liability
Compensation Remedies
Garnishment, Seizing assets, and Examination of the debtor
Voluntary Assumption of Risk
Defendant must prove that the plaintiff was of the knowledge that their decision could have placed them in risk of injury, and they assumed that risk.
Best defenses against negligence
Best defenses:
Negligence was not present
Defendant did not owe Plaintiff any duty of care
Plaintiff was also negligent
Plaintiff assumed risk voluntarily
Someone who has to prove that the claim is true, the act was negligent and harm occurred (on the plaintiff)
The burden of proof
Sarah invites his business associate Liv to dinner, is Liv an invitee or a licensee?
Since they might discuss business during dinner it can benefit economically which makes him an invitee Though Liv was invited by Sarah for dinner which makes him a licensee
What information must be submitted by hand to the court if the trial takes place at the small claims court?
-The Plaintiffs full name and address
-The Defendant's full name and address
-The amount of money being claimed
-A brief summary of the reason for the claims