ADMS 2610 Lecture : The Law of Torts - Chapter - Negligence and Unintentional Torts
Document Summary
Concept of tort liability: strict liability, vicarious liability. Negligence: proximate cause, duty of care, foreseeability, res ipsa loquitor. Defenses: contributory negligence, volenti non fit injuria, act of god, waiver, release, statute of limitations. Remedies: compensation, nominal damages, punitive damages, court orders. Concept one should not intentionally cause injuries to another. Initially only deliberate direct injury was actionable: responsibility for loss regardless of the circumstances, strict liability still exists in cases where activities or practices are inherently dangerous. Definition: the liability at law of one person for the acts of another, employers (deep pockets theory), if done during the course of employment, reflected through insurance coverage. Negligence: this type of liability enlarged as society changed and became more civilized. Proximate cause (causation: a cause of injury directly related to an act of a defendant, must be a connection between the defendant s act and the plaintiff s injury, connection cannot be too remote.