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ch 14: Negligence
Negligence and Unintentional Torts
| Term | Definition |
|---|---|
| tort | harm caused to a person or property for which the law provides a civil remedy |
| unintentional torts | injuries caused by an accident or an action that was not intended to cause harm |
| negligence | careless conduct that causes foreseeable harm to another person |
| duty or care | the obligation to foresee and avoid careless actions that might cause harm to others |
| neighbour principle | the legal responsibility to owe a duty of care not to harm one's neighbour through carelessness or negligence |
| foreseeability | the ability of a reasonable person to anticipate the consequence of an action |
| standard of care | the degree of caution or level of conduct expected of a reasonable person |
| reasonable person | a legal term that describes a person who exercises a sensible level of reason, intelligence, and care |
| specialized standard of care | the degree of caution or level of conduct considered necessary by a reasonable person with the same specialized training |
| liability insurance | insurance that covers part or all of the damages awarded in a tort case |
| good samaritan law | a legal principle that prevents a rescuer who has voluntarily helped someone in distress from being sued if he or she actually causes that person harm |
| cause-in-fact | the factual "cause and effect" connection between one person's actions and another person's injuries |
| apportionment | the division of fault among different wrongdoers |
| remoteness of damage | harm that could not have been foreseen by the defendant do to the lack of a close connection between the wrong action and the injury |
| intervening act | and unforeseeable event that interrupts the chain of events started by the defendant |
| thin-skull rule | the principle that the defendant is liable for all damages caused by negligence despite andy pre-existing condition that makes the plaintiff more prone to injury |
| product liability | the area of law that deals with the negligence on the part of manufacturers |
| occupiers' liability | the responsibility of owners or renters to ensure that no one entering their premises is injured |
| invitee | a person invited to a property for a business purpose |
| licensee | a person with express or implied permission to pay a social visit |
| trespasser | a person who enters a noter's property without permission or legal right |
| allurement | a site or an object that might attract children and result in causing them harm |
| vicarious liability | legal responsibility for the negligence of another person |
| host | someone who serves alcohol to guests pr paying customers |
| strict liability | the defendant is automatically liable for an injury caused by a dangerous substance or activity even if the defendant was not negligent |
| contributory negligence | negligent acts by the plaintiff that helped cause the plaintiffs injuries |
| voluntary assumption of risk (or violent non fit injuria) | the defence that no liability exists because the plaintiff agreed to accept the risk normally associated with the activity |
| waiver | a document signed by the plaintiff, releasing the defendant from liability in the event of an injury |
| inevitable accident | a defence that claims an accident was unavoidable due to an uncontrollable event |
| act of god | a defence claiming that an accident was caused by an extraordinary , unexpected natural event such as a tornado, an earthquake or a flood |
| explanation | a defence claiming that an accident occurred for a valid reason even though the defendant took every precaution |
| statute of limitations | a law that specifies the time within which legal action may be taken |
Created by:
slslozzy
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