Person or Organization that acted wrongly committing a tort
Elements of Negligence
1. Duty Owed, 2. Duty Breached, 3. Proximate Cause., 4. Actual injury or damage
Obligation to excercise reasonable care for the safety of others
Formal pulished compliations of court decisions forming the principles and rules of common law
written laws at the local level
Breach of Duty
Failure to observe the standard of care required under the circumstances (Reasonably Prudent Person Test)
Loss of Consortium
Loss of benefits that one spourse receives from the other including companionship, affection and sexual relations.
aka Punitive Damages. Damages intended to deter others by example
The act of allowing persons who are incompetent, unfit or reckless to use dangerous objects.
Deep Pocket Rule
Joint and several liability that allows plaintiffs to pursue the defendant with the most money, regardless of who has the greatest responsibility for the harm caused.
(Let the Superior Answer) The basis for employer's vicarious liability which holds an employer liable for its employees torts if committed within the scope of employment.
The breach of an implied duty of good faith and fair dealing.
Legally enforeable agreement that creates an obligation to do or not to do something
Elements of a Contract
1. Agreement (offer & acceptance), 2. Consideration, 3. Capacity to Contract and 4. Legal Purpose
The party who makes an offer to enter into a contract.
The party to whom an offer to enter into a contract is made.
The act of doing what has been proposed within a contract
Basis of Legal Liability
(1) Tort (Negligence, Intentional Torts & Strict Liability Torts), (2) Contracts (Breach of Contract & Hold Harmless Agreements), (3) Statues (Workers Compensation & other statutes that define legal duties and standards of care.)
Act of Commission
An act that a reasonably purdent person would not have done under similar circumstances, i.e. a negligent act
Act of Omission
A failure to do something that a reasonably prudent person would have done under similar circumstances
Defenses to Negligence
Contributory Negligence, Comparative Negligence, Assumption of risk, Statue of limitations and Immunities
Invasion of Privacy
Intrusion of Solitude or seclusion (i.e. eavesdropping), Physical INvasion (i.e. searching shopping bag), Public Disclosure of privat facts and Unauthorized relase of confidential information.
Elements of Fraud
False representation; Material Fact (important); Knowingly Made; With Intent to Deceive, Reliance by other Party, to Other Party's Detriment (actual Damage.)
Elements of an Offer
intent to make an offer on the part of the offeror, definite terms, communication to the offeree
Elements of Acceptance
Acceptance, Unconditional and Unequivocal, Communicate the acceptance to the offeror by appropriate word or act