4chapter section opener / closer: insert book cover art negligence and strict liability section 4.2
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44ChapterChapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
Negligence and Strict LiabilityNegligence and Strict LiabilitySection 4.2Section 4.2
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
What You’ll Learn
How to define negligence (p. 88)How to define negligence (p. 88)
How to explain the elements of How to explain the elements of negligence (p. 88)negligence (p. 88)
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
What You’ll Learn
How to define the major defenses to How to define the major defenses to negligence (p. 91)negligence (p. 91)
How to define strict liability (p. 92)How to define strict liability (p. 92)
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Why It’s Important
Because any person is a potential victim Because any person is a potential victim and a perpetrator of negligence, and a perpetrator of negligence, understanding this vital area of tort law will understanding this vital area of tort law will help you protect yourself legally.help you protect yourself legally.
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Legal Terms
negligence (p. 88)negligence (p. 88)strict liability (p. 88)strict liability (p. 88)breach of duty (p. 88)breach of duty (p. 88)proximate cause (p. 90)proximate cause (p. 90)contributory negligence (p. 91)contributory negligence (p. 91)comparative negligence (p. 92)comparative negligence (p. 92)assumption of risk (p. 92)assumption of risk (p. 92)
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Unintentional Torts Section OutlineSection Outline
NegligenceElements of NegligenceDefenses to Negligence
Strict Liability
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Pre-Learning Question Pre-Learning Question
What do you think an unintentional tort is?
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
A person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both.
Negligence and strict liability are unintentional torts.
Unintentional Torts Unintentional Torts
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
4.24.2
Intentional and Unintentional Torts Intentional and Unintentional Torts
Intentional Torts
ExamplesExamples
When a person commits a wrong against another and knows and desires the consequences of his or her act.
Assault and BatteryTrespassFalse imprisonment
Unintentional Torts
ExamplesExamplesNegligenceStrict liability
When acting in a careless manner causes damage or injury.
Torts
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Negligence is an accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.
Unintentional Torts Unintentional Torts
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Strict liability is the doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.
Unintentional Torts Unintentional Torts
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Pre-Learning Question Pre-Learning Question
What do you think are the elements of negligence?
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
is an accidental or unintentional tort.is the tort that most often occurs in society today.
Negligence Negligence
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
duty of carebreach of duty proximate cause actual harm
Elements of Negligence Elements of Negligence
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
All of us have a duty not to violate certain rights of others.The plaintiff must demonstrate that the defendant owed him or her duty of care.
Duty of Care Duty of Care
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Julia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.
Example of Duty of Care Example of Duty of Care
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
The court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.
Example of Duty of Care Example of Duty of Care
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Breach of duty is the failure to use the degree of care that a reasonable person would exercise in that same situation.The words “reasonable person” must be used when instructing the jurors.
Breach of Duty Breach of Duty
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Define negligence.
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
ANSWERANSWER
Negligence is an accidental or unintentional tort and is the tort that occurs most often in society today.
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Proximate cause is the legal connection between unreasonable conduct and the resulting harm.
Without proximate cause, the result would not have occurred.
Proximate Cause Proximate Cause
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
The essence of any tort suit is a violation of a duty that results in injury to the plaintiff.The plaintiff must have actually suffered physical injury, property damage, or financial loss.
Actual Harm Actual Harm
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
contributory negligencecomparative negligenceassumption of risk
Defenses to Negligence Defenses to Negligence
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Behavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence.
Contributory Negligence Contributory Negligence
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
The negligence of each party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recovery is reduced by the percent of his or her negligence.
Comparative Negligence Comparative Negligence
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim assumption of risk.
Assumption of Risk Assumption of Risk
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Pre-Learning Question Pre-Learning Question
Why is strict liability considered an unintentional tort?
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Strict Liability Strict Liability Some activities are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts to them.
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Strict Liability Strict Liability According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Reviewing What You Learned
1. What is negligence?
Section 4.2 Assessment
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Reviewing What You Learned
An accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.
Section 4.2 Assessment
Answer
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Reviewing What You Learned
2. What are the elements of negligence?
Section 4.2 Assessment
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Reviewing What You Learned
duty of carebreach of duty proximate cause actual harm
Section 4.2 Assessment
Answer
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Reviewing What You Learned
3. What are the major defenses to negligence?
Section 4.2 Assessment
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Reviewing What You Learned
Section 4.2 Assessment
Answercontributory negligencecomparative negligenceassumption of risk
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Reviewing What You Learned
4. What is strict liability?
Section 4.2 Assessment
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Reviewing What You Learned
The doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.
Section 4.2 Assessment
Answer
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Section 4.2 Assessment
Critical Thinking ActivityDefenses to Negligence Which defense to negligence do you feel is the most effective?
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Section 4.2 Assessment
Answers will vary but should recognize that which defense is most effective will depend on the circumstances of the negligence.
Critical Thinking Activity AnswerDefenses to Negligence
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Section 4.2 Assessment
Historically, some activities that we take for granted today were originally considered ultrahazardous. One such activity is the flying of an airplane.
Legal Skills in Action Strict Liability
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Section 4.2 Assessment
Imagine that you want to change the law relative to strict liability. Research and write a report on strict liability relative to airplanes, and demonstrate how the doctrine became obsolete in regard to that activity.
Legal Skills in Action Strict Liability
Understanding Business and Personal Law
Negligence and Strict Liability Negligence and Strict Liability Section 4.2Section 4.2
The Law of Torts
Section 4.2 Assessment
Reports will vary but should cite references to support their findings.
Legal Skills in Action AnswerStrict Liability
44ChapterChapter
SECTION OPENER / CLOSER:INSERT BOOK COVER ART
Negligence and Strict LiabilityNegligence and Strict LiabilityEnd of Section 4.2End of Section 4.2