Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts A person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both. ______________ and __________are unintentional torts. Unintentional Torts

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts 4.2 Intentional and Unintentional Torts Intentional Torts Examples When a person commits a wrong against another and knows and desires the consequences of his or her act. Assault and Battery Trespass False imprisonment Unintentional Torts Examples Negligence Strict liability When acting in a careless manner causes damage or injury. Torts

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Negligence ________________________________. Unintentional Torts Strict liability ________________________________.

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Elements of Negligence

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts All of us have a duty not to violate certain rights of others. The plaintiff must demonstrate that the defendant__________________. Duty of Care

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Breach of duty _______________. The words “reasonable person” must be used when instructing the jurors. Breach of Duty

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Proximate cause ______________________________. Without proximate cause, the result would not have occurred. Proximate Cause

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts ___________________________. The plaintiff must have actually suffered physical injury, property damage, or financial loss. Actual Harm

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Defenses to Negligence

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Behavior by the _______________________ that helps cause his or her injuries. Contributory Negligence The negligence of each party is compared, and the amount of the plaintiff’s recovery is reduced by the percent of his or her _________________________________. Comparative Negligence

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts When the ___________________can show that the plaintiff knew of the risk involved and still took the chance of being injured. Assumption of Risk

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Strict Liability Some activities are so __________________ that the law will apply neither the principles of _____________________ nor the rules of intentional torts to them. According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.

Understanding Business and Personal Law Negligence and Strict Liability Section 4.2 The Law of Torts Statute of Limitations A law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. A law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. Colorado Statute of Limitations Laws Type of Claim:Statute of Limitation: Negligence (car accidents, slip and fall, toxic torts, etc.) 2 years (3 years if w/motor vehicle) Assault or Battery1 year Defamation1 year Strict Liability2 years Products Liability2 years Wrongful Death2 years