Chapter 11 In Law 12 Textbook

1550 words - 6 pages

Chapter 1111.1-11.21. What is negligence, and why is it the most common form of tort law?Negligence is a person's failure to exercise reasonable care, which results in injury to another.It is the most common form of tort law because they are unintentional or unplanned incidents that cause injury. Examples: automobile accidents, medical malpractices2. List the key elements that a plaintiff must prove to succeed in a negligence action.The key elements that must be proven are duty of care, standard of care, forseeability, reasonable person, causation, actual loss and burden of proof.3. Why was the Donoghue v. Stevenson case judgment so important for today's consumers?It was established that a manufacturer owes a duty of care to the buyer of a product and to most other persons who might be harmed as a result of that manufacturers negligence. It gave rise to manufacturer's liability and marked the beginning of negligence law.4. Explain the difference between a duty of care and a standard of care in a negligence action.Duty of care: the obligation that is required to ensure that others are not harmed by one's actionsStandard of care: the degree of caution expected of a reasonable person when carrying out an action that involves risk of harm to others5.What is the connection between forseeability and a reasonable person?Forseeability: the ability of a reasonable person to anticipate or expect what might occur as a result of his or her actionsReasonable person: the standard used in determining whether a person's conduct in a particular situation is negligent6. Why is proof of causation so important in a negligence action?There must be a connection between the defendant's negligent act and the plaintiff's cause of action. Without it, no liability for negligence exists.7. In a tort action, on whom does the burden of proof normally rest, and why?The burden of proof usually rests with the plaintiff. They must prove all of the negligence elements on the balance of probabilities. If the elements are evenly balanced between the plaintiff and the defendant, the plaintiff will not succeed.8. What is the principle of res ipsa loquitur, and how does it shift the burden of proof in a negligence action?Res ipsa loquitur: rule of evidence whereby negligence of the wrongdoer may be inferred from the fact that an accident happened; the act speaks for itselfIt shifts the burden of proof to the defendant to prove that there was no negligence.11.31. What is the best defense in a negligence action?The best defense is that negligence did not exist, or that the defendant did not owe the plaintiff any duty of care.2. Define contributory negligence, using an original example.Contributory negligence: negligence on the part of the victim that contributes to his or her own injury or loss; a partial defense to negligence.Example: you get into a vehicle of someone you know drives recklessly and they get into an...

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