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15 Cards in this Set
- Front
- Back
- 3rd side (hint)
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doctrine under which negligence may be inferred simple because an event occurred, if it would not have occured in absence of negligence
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res ipsa loquitur
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"the facts speak for themselves"
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liability regardless of fault
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strict liability
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(tort law) may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products
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(defense against negligence) can be used when plaintiff is aware of danger and voluntarily assumes the risk of injury from that danger (baseball games)
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assumption of risk
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people who are invited onto business premises by the owner of the premises for business purposes
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business invitee
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act or omission without which an event would not have occured
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causation in fact
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(theory in tort law) liability for injuries resulting from negligent acts is shared by all parties who were negligent on basis of proportion of negligence by each
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comparative negligence
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(theory in tort law) complaining party's own negligence contributed or caused his injuries
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contributory negligence
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absolute bar to recovery in a minority of jurisdictions
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(state statute) imposes liability on owners of bars for injuries resulting from accidents caused by intoxicated persons when servers of alcohol contributed to intoxication
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dram shop act
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duty of all persons to exercise a reasonable amount of care in dealing with others
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duty of care
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does not constitute tort of negligence
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(state statute) provides rescuers to others in peril cannot be sued for negligence (unless reckless)
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Good Samaritan statute
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professional misconduct or failure to exercise requisite degree of skill as a professional
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malpractice
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failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
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negligence
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an act or failure to act in violation of statutory requirement
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negligence per se
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legal cause - exists when connection between an act and an injury is strong enough to justify imposing liability
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proximate cause
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behavior of a hypothetical "reasonable person"
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reasonable person standard
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standard against which negligence is measured and that must be observed to avoid liability for negligence
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