LAW 805 Lecture Notes - Lecture 4: Contributory Negligence, Reasonable Person, Comparative Negligence

• School: University of Kentucky
• Department: Law
• Course: LAW 805
• Professor: Mary Davis

Document Summary

Tort- a wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability. Intended the consequence: knew the activity could result in harm, caused harm (even if not in the intended manner or to the intended subject, unintentional. Types of intentional torts: defamation- damage to reputation by making false statements of fact. Intentional infliction of emotional distress: assault and battery, false imprisonment, fraud/misrepresentation, wrongful interference with contractual or business relationships, trespass, conversion of personal property, disparagement of property (defamation about property) Unintentional tort: negligence- failure to exercise a duty of care that a reasonable person would exercise in the same situation. Elements of negligence: duty- defendant owed a duty of care to plaintiff, breach- defendant breached that duty, causation- that (cid:271)rea(cid:272)h led to the defe(cid:374)da(cid:374)t"s i(cid:374)jury, damages- an injury occurred. It (cid:373)ust ha(cid:448)e (cid:271)ee(cid:374) foreseea(cid:271)le that defe(cid:374)da(cid:374)t"s a(cid:272)tio(cid:374)s (cid:449)ould ha(cid:448)e (cid:272)aused the harm for liability to be imposed.