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9 Cards in this Set
- Front
- Back
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liable for negligence
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Defendant can only be liable if he had a duty to the injured plaintiff
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elements to win negligence case
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Duty of due care
breach factual cause-the def. conduct actually casue the injury forseeable harm injury |
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landowners duty
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common law applies
lowest liability- tresspasser- a landowner is only liable for intentional injury or gross misconduct Children-man made things on property lincensee- anyone on land for her own purpose but with owners permission highest-invitee:as a right becasue its a public place. |
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breach of duty
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Courts apply reasonable person standard(as in someone of the def. occupation)
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negligent hiring and retaining
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companies can be held responsible for hiring or retaing dangerous employees
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negligence per se
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plaintiff who can show negligence per se need not prove breach of duty
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factual cause
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two issues to settle causation:
was defendants behavior the factual cause of the harm> was this type of harm forseeable? if defendants breach physically led to the ultimate harm, it is the factual casue |
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res ipsa
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shifts the burden of proof from plaintiff to defendant.
when defendant had exclusive control of the thing that caused the harm, normally wouldent have occurd without negligence, plantif had no role in casuing the harm. |
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assumption of the risk
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person who volinarily enters a sit. thjat has an obvious danger.
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