BUSI 2601 Lecture Notes - Lecture 5: Eggshell Skull, Res Ipsa Loquitur, Gross Negligence
11 Dec 2016
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Document Summary
Intentional and unintentional torts are intentional civil wrongs and negligent ones respectively. One who commits a tort is a tortfeasor. Intentional torts include assault (threat of physical harm), battery (inflicting it), fraudulent misrepresentation, trespass. Negligence in non legal terms is extreme carelessness (accidental harm caused by unacceptable behavior) Distinction between negligence and error in judgment, not everything you do that causes harm to others in considered negligence. An error in judgment is something that a reasonable person exercising reasonable care would have done. Oj simpson sued through civil law because the standard of proof is lower. Distinction between crimes and torts is that the state prosecutes crime. Example truck driver negligently hit a bike rider in the bike lane and killed them. Sued for negligence and faces criminal prosecution by the state of the alleged criminal negligence. Primary liability a(cid:396)ises due to o(cid:374)e"s o(cid:449)(cid:374) pe(cid:396)so(cid:374)al (cid:449)(cid:396)o(cid:374)gdoi(cid:374)g.
