2 chapter 4.2 negligence and strict liability ppt
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2 chapter 4.2 negligence and strict liability ppt 2 chapter 4.2 negligence and strict liability ppt Presentation Transcript

  • Chapter 4SECTION OPENER / CLOSER:INSERT BOOK COVER ART Section 4.2 Negligence and Strict Liability
  • Section 4.2 Negligence and Strict Liability What You’ll Learn How to define negligence (p. 88) How to explain the elements of negligence (p. 88)Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability What You’ll Learn How to define the major defenses to negligence (p. 91) How to define strict liability (p. 92)Understanding Business and Personal Law The Law of Torts View slide
  • Section 4.2 Negligence and Strict Liability Why It’s Important Because any person is a potential victim and a perpetrator of negligence, understanding this vital area of tort law will help you protect yourself legally.Understanding Business and Personal Law The Law of Torts View slide
  • Section 4.2 Negligence and Strict Liability Section Outline Unintentional Torts Negligence Elements of Negligence Defenses to Negligence Strict LiabilityUnderstanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Unintentional 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.Understanding Business and Personal Law The Law of Torts
  • 4.2Section 4.2 Negligence and Strict Liability Intentional and Unintentional Torts Torts Intentional Torts Unintentional Torts When a person commits a When acting in a careless wrong against another and manner causes damage or knows and desires the injury. consequences of his or her act. Examples Examples Assault and Battery Negligence Trespass Strict liability False imprisonmentUnderstanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Unintentional Torts Negligence is an accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Unintentional 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.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Negligence Is an accidental or unintentional tort. Is the tort that most often occurs in society today.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Elements of Negligence Duty of care Breach of duty Proximate cause Actual harmUnderstanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Duty of Care 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.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Example of Duty of Care 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.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Example of Duty of Care 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.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Breach of Duty 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.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Proximate Cause Proximate cause is the legal connection between unreasonable conduct and the resulting harm. Without proximate cause, the result would not have occurred.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Actual Harm 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.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Defenses to Negligence Contributory negligence Comparative negligence Assumption of riskUnderstanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Contributory Negligence Behavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Comparative Negligence 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.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and Strict Liability Assumption of Risk 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.Understanding Business and Personal Law The Law of Torts
  • Section 4.2 Negligence and 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 The Law of Torts
  • Section 4.2 Negligence and 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 The Law of Torts
  • Chapter 4SECTION OPENER / CLOSER:INSERT BOOK COVER ART End of Section 4.2 Negligence and Strict Liability