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Law of Torts.docx

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Administrative Studies
ADMS 2610

T O R T I I Tort Liability – one should not intentionally cause injuries to another Negligence - Proximate Cause – a cause of injury directly related to an act of a defendant o Must be a connection between the defendant`s act and the plaintiff`s injury o Connection cannot be too remote o Duty not to injure another person - Foreseeability – the reasonable person – a standard of care used to measure acts of negligence - THREE REQUIREMENTS FOR NEGLIGENCE o (1) defendant owes the plaintiff a duty of care not to injure o (2) defendant`s actions constitute a breach of that duty o (3) plaintiff suffers injury as a result of the defendant`s actions - Res Ipsa Loquitor o `the thing speaks for itself` o Plaintiff must prove  (1) cause of injury is something caused by the defendants`s control which is exclusive of care  (2) would not have occurred had proper care had taken o If successfully proven, defendant HAS to prove innocence - Manufacturer`s Liability – duty of care by manufacturers o Negligent in their manufacture o Aware of dangers associated with the goods and failed to warn Nuisance - Interference with the enjoyment of real property or in some cases material interference with a person`s physical comfort - Determined by o Serious decrease in enjoyment of land o Specific damage to land - Remedies – Injunction Defences - Contributory Negligence o When actions of the injured party contributed to their own injuries (plaintiff`s carelessness) - Voluntary Assumption of Risk o Plaintiff assumed risk ex. Sky diving - Act of God o Unanticipated event that prevents the performance of a contract or causes damage to property - Waiver o Must be written and cover injury contemplated by the parties - Release o a promise not to sue - Statute of Limitations - when an injured party brings a claim to the court after a delay for a long period of time (puts defendant at a DISADVANTANGE as records may be destroyed and witnesses may die) - Doctrine of laches – an equitable doctrine of the court which provides
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