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14 Cards in this Set

  • Front
  • Back
Elements of Negligence
Duty
Breach
Cause
Damage
Defenses to Negligence
Assumption of Risk
Superseding Clause
Contributory/Comparative Negligence
Two elements to prove causation
Causation in fact
Proximate Cause
Causation in fact
The breach of the duty of care must cause the injury, "but for" the wrongful act, the injury would not have occurred
Proximate Cause
Must be a connection between the act and the injury strong enough to justify imposing liability. Must be foreseeable in light of all circumstances.
Elements of Abnormally Dangerous Activities
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.
Negligence per se
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.
Elements of a contract
Agreement
Consideration
Capacity
Legality
Defenses to enforceability of a contract
Genuineness of assent
Form
Types of Contracts
Bilteral v Unilateral
Formal v Informal
Express v Implied in Fact
Quasi Contracts
Executed Contract
Fully Performed Contract
Executory Contract
Not Fully Performed
3 parts to an offer
Intent
Definiteness of Terms
Communication
7 things which terminate an offer
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