Law 3220 Exam 2 Clemson Actual Questions with Answers | 2024 update 100% Solved

Law 3220 Exam 2 Clemson Actual Questions with Answers | 2024 update 100% Solved Tort Lawbreach of duty of care to someone else and it causes them injury Negligence based tort lawMust show: - that the person who committed the tort owed a duty of care to the other person - have to show the duty of care was breached - Show that you suffered injury/damages - show that there was a causal connection between negligent person's actions and your actions Causal connection (3 types)Actual cause, proximate cause, and superseding cause Actual cause"cause in fact"; someone walks up to you and punches you in the face; no dispute Proximate causeWe are going to limit tort liability to consequences that are foreseeable likely to occur based upon the actions EX: Construction company is digging a trench at a work site, don't leave any signs, someone walks into it at night and gets injured Superseding CauseIntervening conduct; cuts off the liability; someone else is more liable than the negligent person Defenses to negligence based tortsAssumption of risk, comparative negligence, liability waiver Assumption of riskYou assume the risk of being there, you were made aware the of the potential dangers and you still agreed to go; cannot receive damages Comparative negligenceCourt determines that the injured party was somewhat negligent; the damages are reduced Liability waiverOnly affective against negligence based-torts; to be affective, the liability language has to be clear, in writing, and all parties must have signed the waiver Categories of tortAssault and battery AssaultNo physical contact is required; to be in fear of immediate bodily harm; threat of being harmed