Key Terms
Tort
Civil wrong causing legally recognizable injury; not breach of contract Tortfeasor: person who commits the tort Intentio
Tortfeasor
The person committing the tort.
Intentional tort
Tortfeasor intends the consequences OR knew with substantial certainty those consequences would result.
Negligence
Failure to act as a reasonably prudent person would; no intent required Strict liability: liability regardless of intent
General rule
People are free to act as they wish as long as they don't harm others. Strangers generally owe no duty to each other unl
Fiduciary duty
Duty to act with utmost faith, trust, and candor toward another.
Breach
Defendant failed to act as a reasonably prudent person would in the same situation.
Defenses to negligence per se
1. Defendant was unable to comply through reasonable care 2.
Also called
Causation-in-fact; but-for causation
Test
But for the defendant's actions, would the plaintiff have been injured?
Asks
Was the defendant's conduct closely enough related to the injury to justify legal liability?
Intervening cause
A new event that breaks the causal chain between the defendant's conduct and the plaintiff's injury.
Example
Customer slips on ice (store's fault) and breaks a leg. Ambulance is in a car accident en route to hospital and customer
Strict liability
Defendant is liable regardless of intent or level of care exercised. How carefully the defendant acted is irrelevant.
Applies in three main areas
1. Serving alcohol to minors or visibly intoxicated persons (restaurants, bars) 2.