GBL 295 Exam 2 Tort: A “Civil Wrong” Torts refer to a general classification covering civil causes of action providing private remedy for injury to one party caused by the tortious conduct of another party. The goal of tort law is to shift / distribute losses from victims to perpetrators. Compensation: Through the award of damages. The object of compensation is to place the victim in the position he/she was before the tort was committed. Difficult to do, so we compensate. Assault: Occurs when one person intentionally puts another in reasonable fear of an imminent offensive or harmful bodily contact Battery: Harmful or offensive touching includes pushing, punching, spitting, or shooting. False Imprisonment: The…show more content…
Objective test of defendant’s actions compared to that which a reasonable person would do in the same situation. Anticipating what others may reasonably do should regulate conduct.
ReasonableMan Standard: Requires that we act with the care and good judgment of a reasonable person as not to cause injury to others. Defense to Negligence:
● Contributory negligence: Defendant may not have to pay, his negligence may only have been part of the problem (some states)
● Comparative negligence: Applies when a plaintiff is partially at fault therefore the defendants payment will be reduced (most states)
● Assumption of the risk: If plaintiff is aware of the danger, but decides to subject themselves to the risk anyway Negligence Per Se: Violation of a standard of care set by statute. Example: injuring a pedestrian while illegally drunk driving. Conditions are as follows...
● Statute prohibits or requires action.
● Defendant’s actions violate statute.
● Plaintiff’s injuries are the kind the statute was designed to protect against.
● Plaintiff is within the group the statute was designed to protect. Product Liability: Liability associated with harm caused by a consumer product. Initially, only seller was at risk, now liability extends through entire chain of manufacture. Strict Liability: Concept where liability results, regardless of fault. Strict liability does not