NegligenceNegligence

HomeworkHomework

20.1 and 20.2 – read Chapter 2020.1 and 20.2 – read Chapter 20

Negligence: a tort, is a civil wrong consisting Negligence: a tort, is a civil wrong consisting of five criteria: of five criteria: Duty or reasonable standard of care (as decided Duty or reasonable standard of care (as decided

by judge as a matter of law), by judge as a matter of law), Breach (or "negligence" in laymen's terms, Breach (or "negligence" in laymen's terms,

decided as a matter of fact), decided as a matter of fact), Injury (the fact that the plaintiff suffered an Injury (the fact that the plaintiff suffered an

injury, and is determined at a matter of fact), injury, and is determined at a matter of fact), Cause in Fact or conduct of defendant that Cause in Fact or conduct of defendant that

causes plaintiff's injury(s)(decided as a matter of causes plaintiff's injury(s)(decided as a matter of fact), fact),

Legal Cause (now perceived as the foreseeability Legal Cause (now perceived as the foreseeability of the type of injury caused but not the specific of the type of injury caused but not the specific injury or extent of injury, determined as a matter injury or extent of injury, determined as a matter of fact). of fact).

Matters of law are decided by a judge, Matters of law are decided by a judge, matters of fact are decided by a jury. matters of fact are decided by a jury.

In order to prove negligence, it is not necessary In order to prove negligence, it is not necessary to prove harm, but in order for a cause of action to prove harm, but in order for a cause of action to rest in tort, harm must be proven to rest in tort, harm must be proven

In order for the harm to be compensable in a In order for the harm to be compensable in a negligence lawsuit, the defendant must be shown negligence lawsuit, the defendant must be shown to have been negligent, and it must be to have been negligent, and it must be demonstrated that his negligence was the demonstrated that his negligence was the proximate cause of the harm sustained by the proximate cause of the harm sustained by the plaintiff. plaintiff.

Damages are awarded in proportion to the scope Damages are awarded in proportion to the scope of the harm doneof the harm done

The courts also consider the idea if a “reasonable The courts also consider the idea if a “reasonable person” would commit or dismiss the act person” would commit or dismiss the act

When considering a negligence cause of When considering a negligence cause of action there are six primary elements which action there are six primary elements which need to be viewed and covered thoroughly: need to be viewed and covered thoroughly: (1) duty, (1) duty, (2) breach of duty, (2) breach of duty, (3) causation,(3) causation, 4) damage, 4) damage, (5) remoteness and (5) remoteness and (6) defences. (6) defences.

Once this has been done an appropriate Once this has been done an appropriate award of damages may be considered award of damages may be considered

Coase theorem Coase theorem the the Coase theoremCoase theorem, attributed to Ronald Coase, , attributed to Ronald Coase,

relates to the economic efficiency of a relates to the economic efficiency of a government's allocation of property rights government's allocation of property rights

BB < < PLPL where where BB is the cost (burden) of taking is the cost (burden) of taking

precautions, and precautions, and PP is the probability of loss ( is the probability of loss (LL).). rather than spending money on safety, the rather than spending money on safety, the

individual will simply allow harm to occur and pay individual will simply allow harm to occur and pay for the costs of that harm, because that will be for the costs of that harm, because that will be more cost-efficient than taking precautions more cost-efficient than taking precautions

leads to an optimal allocation of resources; where leads to an optimal allocation of resources; where harm can be cheaply avoided, the legal system harm can be cheaply avoided, the legal system requires precautions. Where precautions are requires precautions. Where precautions are prohibitively expensive, it does not prohibitively expensive, it does not

In many states, damages in negligence In many states, damages in negligence lawsuits can include (but are not limited to) lawsuits can include (but are not limited to) compensation for: compensation for: the injury suffered the injury suffered damaged or destroyed personal property damaged or destroyed personal property medical and hospital bills medical and hospital bills harm to marital relations (called "loss of harm to marital relations (called "loss of

consortium") consortium") lost past and future earnings lost past and future earnings and physical and emotional "pain and suffering" and physical and emotional "pain and suffering"

Defenses to suitsDefenses to suits Contributory negligenceContributory negligence: cannot recover : cannot recover

remedies for your own negligenceremedies for your own negligence Comparative negligenceComparative negligence: dividing the : dividing the

damages in accordance to the degree in damages in accordance to the degree in which each was at faultwhich each was at fault Scenario: Scenario: Business Law questionBusiness Law question P sues D in negligence.  At trial, it is determined P sues D in negligence.  At trial, it is determined

that P's negligence was 40% responsible for P's that P's negligence was 40% responsible for P's injury, and D's negligence was 60% injury, and D's negligence was 60% responsible.  P's losses total $10,000.  Under a responsible.  P's losses total $10,000.  Under a pure comparative negligence system, P will pure comparative negligence system, P will recover: recover: a)  Nothing.     b)  $4000.     c)  $6000.     a)  Nothing.     b)  $4000.     c)  $6000.     d)  $10,000. d)  $10,000.

Assumption of RiskAssumption of Risk: voluntary encountering : voluntary encountering a known danger a known danger