Chapters 20-22 Review

The failure to exercise a reasonable amount of care in either doing or not doing something, resulting in harm or injury to another person

• Malpractice
• Negligence
• Strict Liability

A legal obligation to exercise reasonable care toward other persons and their property

• Duty

• Breach

• Causation

A violation of a legal obligation

• Causation

• Breach
• Duty

The reason an event occurs; that which produces an effect

• Causation

• Breach

• Duty

The injuries or losses suffered by one person due to the fault of another

• Negligence
• Damages

• Liability

If the harm would not have occurred without the wrongful act

• Strict Liability

• Proximate Cause

• Cause in Fact

If the harm came from reasonably predictable consequences of the defendant’s wrongful acts

• Strict Liability

• Cause in Fact

• Proximate Cause

When the plaintiff and defendant share the fault for a negligence tort. If proven, the plaintiff cannot recover damages

• Contributory Negligence

• Comparative Negligence

• Assumption of Risk

A finding that the plaintiff was partly at fault and, therefore, does not deserve full compensation for his or her injuries.

• Contributory negligence

• Comparative negligence

• Assumption of risk

When a person voluntarily encounters a known danger and decides to accept the risk of that danger

• Contributory negligence

• Comparative negligence

• Assumption of risk