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12 Cards in this Set
- Front
- Back
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negligence |
an unintentional tort that occurs when a person fails to use reasonable care with resulting harm |
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duty of care |
the duty by law to respect the rights of others |
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breach of duty |
exists when a person violates the duty of care when he or she does not exercise the degree of care that a reasonable person would exercise in the same situation |
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proximate cause |
means that the breach of duty was the actual cause of the injury |
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foreseeability test |
this test asks if the injury to the plaintiff was foreseeable at the time the defendant engaged in unreasonable conduct |
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injury |
the result of a breach of duty |
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contributory negligence |
occurs when the plaintiffs own negligence contributed to the injury regardless of how slight or how large that negligence may be |
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assumption of risk |
when the plantiff knowingly subjects himself to risk |
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strict liability |
means that liability exists even though the defendant may not be negligent |
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monetary damages |
a tort remedy awarded to the injured party in order to place the injured party in the same financial situation as if the tort had not occured |
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punitive damages |
damages awarded to punish a defendant for his or her malicious act |
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injunction |
issued by a judge ordering a person to do something or not to do something when monetary damages are inadequate |
