BLAW 310 Test 3 Terms (ULL Fred Davis)

Malpractice

Negligence- the failure to exercise due care- on the part of a professional, such as a physician, is commonly referred to as malpractice.

Duty of Care

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.

Negligence

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. occurs when someone suffers injury because of another's failure to live up to a required "duty of care". In contrast to intentional torts, in torts involving negligence, the tortfeasor neither wishes to bring about the consequences of the act nor believes that they will occur.

Reasonable Person Standard

The standard of behavior expected of a hypothetical "reasonable person". It is the standard against which negligence is measured and that must be observed to avoid liability for negligence.

Business Invitee

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.