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18 Cards in this Set

  • Front
  • Back
civil wrong for which the law provides a remedy
unintentional breach of duty by the defendant that results in harm to another
reasonable care
Negligent per se
people who do not do what a statute requires, they are not acqting as the reasonable person would. duty+breach of duty
Breach of duty
an act or omission that violates the duty of reasonable care
Cause in fact
the actual or direct, of an incredible series of losses to numerous people
Proximate cause
place a legal limit on the extent of negligent persons liability
proof. measured as damages. compensation. form of money.
Proof of negligence
all four elements must be proved
Preponderance of the evidence
more likey than not that the wrong will occur
Res ipsa lo quitor
the instrumentality that caused the harm is/was in the exclusive control of the defendant but the occurrence that resulted in harm is generally accepted as out-of-the-ordinary
Contributory negligence
if the Plaintiff contributes in any way toward his/her injuries, the Plaintiff is completely barred from any recovery
Last clear chance
adopted to help mitigate the harsh results imposed by contributory negligence being used as a complete bar to recovery
Comparative negligence
jury assigns a relative value for harm caused by plaintiff and defendant
jury assigns relative value to harm to each party
jury determines whether Plaintiff is more than 50% responsible for own injuries
rarley encountered. occurs where there is a “conscious disregard for a known risk where there is a high degree of probable harm to another"
Strict liability
person who participates in certain kinds of activities is held responsible for any resulting harm to others, despite the use of the utmost care and caution