Negligence

Negligence: Failing to exercise the standard of care that a reasonable person would exercise in similar circumstances.

In contrast to intentional torts, negligence requires no intent on the part of the wrongdoer, nor does it require that the wrongdoer know or believe the consequences that his or her act or omission may cause. Negligence requires that the wrongdoer’s act or omission create a risk of the consequences complained of by the injured party.

In other words, negligence involves NO intent and/or NO knowledge or belief. Point: It is the act that creates the risk, not what the person’s intent was

In a case of negligence lawsuit the plaintiff must prove

1. the wrongdoer owed a duty of care to the plaintiff,

2. which the wrongdoer breached, (causation) and

3. which

   1. actually causes

   2. a legally recognizable injury to the plaintiff.

Careless driving resulting in an accident, careless conduct of medical personnel, reckless maintenance of houses or hotel premises are only some examples of negligence on the part of those who have a duty of care – drivers, doctors and nurses, landlords and hotel owners. The breach of this duty causes injuries in other people.

Exercise 3

Read the following story and indicate the appropriate tort in the blank space provided.

Jennifer and Giorgio were classmates at Cleghorn College in Arkansas. Though Giorgio, a male student from Italy, thought he and Jennifer, a female student from Michigan, were only friends, she fell in love with him and had decided to marry him at all costs, the fact that Giorgio was not aware of. She began to slip into his yard every night and watch him sleeping through the open window. She never hurt or disturbed anything in the yard, she just watched him.

________________________

Unfortunately Jennifer did not know that Giorgio and his fiancée (невеста) Mary whom he met before had decided to marry but had not announced their engagement. Because Mary was completing her studies at the University of Texas at Austin, Jennifer never saw Mary – that is until Christmas break, when Jennifer found out that Giorgio was not sleeping alone anymore.

Jennifer was shocked – her dreams crashed. Then she decided to talk to Mary. She cornered Mary in the ladies’ room at the local movie, locked her in a toilet stall, and would not let her out, all the while telling about her affection to Giorgio and asking Mary to leave him. After twenty minutes or so, Mary agreed to give up Giorgio, and Jennifer released her.

_______________________________

Mary had lied, as Jennifer understood very soon while watching through Giorgio’s window.

Jennifer became furious. The next day she met Giorgio and Mary at church and cried terrible insults at Mary, calling her the most bad names and threatening with revenge. Mary was so distressed that she fell into real panic. Later she got sick, couldn’t sleep, lost appetite and was really afraid.

____________________________

Not satisfied with that Jennifer began following Mary and bumping, elbowing and tripping (ставить подножку) her whenever possible though it always appeared to be an accident on Jennifer’s part.

_____________________________

Mary can take no more. She seeks legal help from you, the new hot lawyer in town.

Advise what Mary can do in order to defend herself.

Exercise 4

TORT CASES

1.

On a cold winter day Ken decides to do some shopping on his way home from work. He is in a hurry. He goes to a drugstore to buy some toothpaste, and then puts the toothpaste in his pocket. On the way home he remembers that his wife asked him to buy some bread and jam. Ken rushes to the food store. He pays at the cash desk and starts to leave. At this moment a clerk sees toothpaste in his pocket. The clerk cries: “Stop! Thief!” Two securities grab Ken and drag him, protesting and struggling, to a small room, and lock him there. One hour later the store manager appears, questions Ken and then lets him go. Ken starts having nightmares; he suffers from back pains, and becomes extremely nervous.

What torts have been committed against Ken?

2.

Frank is a former employee of ABC Auto Repair Co. He enters the property of ABC claiming that the company owes him $150 in wages. Frank has a hot argument with the manager who orders him to leave the property. Frank refuses to leave, and the manager orders two mechanics to throw him off the property. Frank runs to his truck, but on the way he grabs some tools valued $150. Frank gets into the truck and hurries to drive away. He even destroys the gate.

Discuss if Frank has committed any torts.

3.

Hawkins went to a grocery shop (гастроном). A heavy rainstorm and north wind had caused water to be tracked into the store by customers and water to be blown through the door each time the door was opened. As Hawkins entered through the automatically opened door she slipped and fell on the wet floor. She hit the elbow, sprinkled one foot. The manager knew of the weather conditions and had ordered his employees to mop the floor from time to time, but there was no sign on the door to warn customers of the possibly slippery floor. Can Hawkins sue the manager for negligence?

Exercise 5

Tort Exercises

Choose the right option of the answer and give your reasons