Torts Definitions PDF

Gen Standard of Care: Actor must exercise the care that would be exercised by a reasonable and prudent person under similar circumstances to avoid/minimize risks of harm to others Child Standard of Care: - - Recreational Use Statutes: retain landowners special immunities as to any non-paying...

Gen Standard of Care: Actor must exercise the care that would be exercised by a reasonable and prudent person under similar circumstances to avoid/minimize risks of harm to others Child Standard of Care: - - Recreational Use Statutes: retain landowners special immunities as to any non-paying recreational users. Landlord\'s duty to tenants: lessee is the owner of the land for the period of the lease a lessor has no more responsibility for the upkeep of the land than any other person who conveys land. Lessor isn\'t liable to the lessee for injuries resulting from conditions on the land. Comparative Fault: - - - Joint and Several Liability: - - Several Liability and Comparative Fault Apportionment Among Tortfeasors: - Contribution: - Insolvent or Immune Tortfeasors: - Doctrine of Alternative Liability: - - a. b. c. Substantial Factor Test: - - Risk Standard Test: - - - Scope-Of-Liability Test: - - Proximate Cause: - - - - The Scope of Risk Principle: a. b. Foreseeable Risks: - - A harm or risk is not within the scope of risks negligently created by the defendant in any of following circumstances: a. b. c. THE RESCUE DOCTRINE - - - Superseding Cause: an outside force can break the chain of causation between an initial act and an accident\'s resulting damages. When a superseding cause occurs, the defendant who was initially at fault is generally not liable for the damages Intervening Cause: an event that occurs after a defendant\'s negligent act and contributes to the plaintiff\'s injuries, can break the chain of causation between the defendant\'s act and the plaintiff\'s injuries, meaning the defendant may not be responsible for damages. However, if the intervening cause was foreseeable, the defendant will still be responsible unless they have another defense. Assumption of Risk - The theory of assumption of the risk is that the plaintiff has voluntarily consented to a known risk. Touchstone = consent (or agreement) to accept risk Exculpatory Clause = agreement to relive the Defendant of liability for defendant's negligence - essentially gets rid of duty How to determine if an exculpatory clause is enforceable 1. 2. 3. Primary Assumption of Risk: - - - - Generally speaking, the implied assumption of risk doctrine is divided into two subcategories: "Primary and "secondary" - Primary assumption of risk vs secondary assumption of risk - - - Primary assumption of risk - - - Primary assumption of risk - - - - - Since primary assumption of risk means that D breached no duty, plaintiff recovers nothing.