IDENTIFY AND DEFINE THE ELEMENTS OF THE TORT OF
NEGLIGENCE AND LIST SIX OF THE MAJOR DEFENSES TO THE TORT OF NEGLIGENCE.
****IN YOUR OWN WORDS, DEFINE AND GIVE AN EXAMPLE OF VICARIOUS LIABILITY****ALTHOUGH VICARIOUS LIABILITY
The elements of negligence can be summed up as follows: Duty, Breach, Causation, Damages.
1) Duty to Protect
The first element that must be shown is the defendant's duty to protect the plaintiff. Not everyone owes a duty to an injured party: for example, strangers on the street are not obligated to rescue each other from danger. But sometimes a duty does exist. For example, teachers have a duty to anticipate foreseeable dangers and take necessary precautions to protect students in their care. Specifically, teacher duties include: adequate supervision, maintenance of equipment and facilities, and heightened supervision of high-risk activities.
2) Failing to Exercise a Reasonable Standard of Care
The second element that must be proven in cases of negligence occurs when the defendant fails to exercise a reasonable standard of care in their duty to the injured party. If a teacher fails to exercise reasonable care to protect students from injury, then the teacher is negligent. Courts, in negligence cases, will gauge a defendant's conduct on how a "reasonable" person in a similar situation would have acted.
For this element, several factors are considered by the court:
Factors to consider that may or may not modify the circumstances include:
a) Physical characteristics
A person who has great physical strength will be judged according to an ordinary ...
Contract Law - Definitions and Explanations
1. Explain the difference between law and morals.
2. Explain the difference between situational ethics and rational ethics.
3. Identify the two parts of the U.S. Constitution.
4. Define the Uniform Commercial Code (UCC).
5. Define the purpose of Tort law.
6. Define the term "contract."
7. Identify the five elements of the formalist theory of contract law.
8. Explain the difference between an express and an implied contract.
9. Match the term with its definition: Offer, Acceptance, Counteroffer, Mirror Image Rule, Implied Acceptance.
10. Explain the difference between fraud and misrepresentation.
11. Define the term "undue influence."
12. Define the term "capacity."
13. Define the term "consideration."
14. Identify the types of consideration.
15. Define the Statute of Frauds
16. The six contracts that the Statue of Frauds requires to be in writing.
17. Define the nature of agency.
18. Responsibility of the principal for the agent's act when the agent performs duties with a third party.
19. The range of activities for which the servant is engaged.
20. Define the standard concerning criminal liability in the principal / agent relationship.
21. Identify the six ways an agency relationship may be created.
22. Explain the differences between express, implied, and apparent authority.
23. Define the term "vicarious liability."
24. Identify the obligations of the agent to the principal.
25. Identify the obligations of the principal to the agent.
26. Match the term with its definition: Fulfillment of purpose, Mutual Agreement, Revocation/Renunciation.
27. Explain the difference between assignment and delegation.
28. Explain the difference between complete and substantial performance.
29. Define the term "goods."
30. Identify the element that the Uniform Commercial Code (UCC) obligates to every imposed contract or duty.
31. Define the Convention on Contracts for the International Sale of Goods.
32. Determine if goods must be identified to the contract before title can be transferred to the buyer.
33. Define the Document of title.
34. Define the term "commercial unit."
35. Define the term "anticipatory breach."
36. Identify the types of warranty protection.View Full Posting Details