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14 Cards in this Set
- Front
- Back
Elements of Negligence
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Duty
Breach Cause Damage |
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Defenses to Negligence
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Assumption of Risk
Superseding Clause Contributory/Comparative Negligence |
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Two elements to prove causation
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Causation in fact
Proximate Cause |
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Causation in fact
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The breach of the duty of care must cause the injury, "but for" the wrongful act, the injury would not have occurred
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Proximate Cause
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Must be a connection between the act and the injury strong enough to justify imposing liability. Must be foreseeable in light of all circumstances.
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Elements of Abnormally Dangerous Activities
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1. Involve potentially serious harm to persons or property
2. Involve a high degree of risk that cannot be completely guarded against by the exercise of reasonable care. 3. Are activities not commonly performed in the area in which damage or an injury occurs. |
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Negligence per se
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1. Statue sets out a standard of conduct, and when where, and of whom it is expected
2. The injured person is in the class protected by the statue 3. The statue was designed to prevent the type of injury suffered. |
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Elements of a contract
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Agreement
Consideration Capacity Legality |
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Defenses to enforceability of a contract
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Genuineness of assent
Form |
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Types of Contracts
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Bilteral v Unilateral
Formal v Informal Express v Implied in Fact Quasi Contracts |
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Executed Contract
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Fully Performed Contract
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Executory Contract
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Not Fully Performed
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3 parts to an offer
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Intent
Definiteness of Terms Communication |
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7 things which terminate an offer
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1. Revocation (unless irrevocable)
2. Rejection 3. Counteroffer 4. Lapse of time 5. Destruction of subject matter prior to acceptance 6. Death or incompetence (unless irrevocable) 7. Supervening illegality |