PBJ 201
Terms
undefined, object
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- Define: tort.
- A civil wrong, other than a breach of contract, for which the offender must pay damages.
- What kind of tort would be classified as a "deliberate wrong"?
- Intentional.
- What kind of tort is classified as "inadvertent or accidental wrong"?
- Negligent tort.
- What is strict liability?
- Wrongs for which the offender is held liable regardless of his motivation or ability to prevent the injury.
- Define: negligence.
- Conduct that falls below the legally established standards of careful behavior and thereby causes injury to others.
- 4 Negligence Requirements.
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1= Proof of injury.
2= Proof of cause of injury.
3= Proof that defendant breached a duty of care owed the plaintiff.
4= Proof that breach of duty of care by defendant proximately resulted in the injury to the plaintiff. - If the negligent conduct of the defendant does not result in harm to anyone else, is the defendant liable?
- No.
- What does it mean when a case is dismissed "with prejudice"?
- The action can't be brought again.
- Why is the plaintiff suing in the Smythe v. Red Cross case?
- Because Smythe found out that she was HIV + after receiving a blood transfusion from the hospital and believes that they did not run all of the proper tests on the blood.
- What was the ruling in Smythe v. Red Cross?
- In favor of defendant, because defendant did not show negligence and performed all duties promised in contract.
- 4 elements of actionable negligence
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1= Duty to exercise reasonable care.
2= Breach of duty to exercise reasonable care.
3= Proximate (or legal) cause.
4= Actual harm. - What is the issue in Michnik v. Gordon's Liquors?
- Whether a 3rd party is liable and blamed for negligence in the case of a minor drunk driving accident resulting in death.
- How did the court rule in the Michnik v. Gordon's Liquors case?
- In favor of plaintiff because there was enough evidence in this case to show that the death involved was a likely consequence of defendant's negligence.
- How long is the statute of limitations for medical malpractice?
- 2 years.
- How long is the statute of limitations in other forms besides medical malpractice?
- 3 years.
- What is the hardest to prove element of actionable negligence?
- Breach of duty.
- What is proximate cause?
- A cause that directly or with no intervening agency produces an effect.
- What is the issue in Hosein v. Checker Taxi?
- Whether Checker was under a common law duty to protect taxicab-lessee from the criminal acts of 3rd parties while using the cab.
- What is the holding in Hosein v. Checker Taxi?
- In favor of defendant because at common law, in the absence of a special relationship between defendant and the injured person, there's no duty imposed upon defendant to protect an injured party against the criminal acts of 3rd parties.
- What is are 2 examples of a "common carrier"?
- Bus or cab.
- Who is the appellant in the Beauchene v. Synanon case?
- Beauchene.
- Who is the appellee in the Beauchene v. Synanon case?
- Synanon.
- What is the issue in Beauchene v. Synanon?
- Whether defendant was under duty of care to plaintiff because of escaped prisoners' gunshot wounds to plaintiff.
- What is Gov't Code Sect 845.8?
- Establishes that a public entity/employee enjoys absolute liability for injury caused by ... escapee, arrested person, person resisting arrest, etc.
- What is the holding in Beauchene v. Synanon?
- In favor of defendant to prevent the hinder in development of innovative criminal offender release and rehab programs.
- What is the issue in McMahon .. v. St Croix Falls School?
- Whether the school district owed plaintiff a duty of care by not calling to notify that Andrew was not in school, and whether this breach of duty caused plaintiff to prevent their son from committing suicide.
- What is the ruling in McMahon v. St Croix Falls School?
- In favor of defendant because even if defendant had called, the suicide is an intervening and superseding cause and too remote from the negligence to render the district liable.