Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
8 Cards in this Set
- Front
- Back
|
4 Elements of Negligence |
Duty Breach Causation Harm |
|
|
Duty (of Care) |
Foresee conduct that would create unreasonable risk of harm to others |
|
|
Breach |
- Failure to exercise care
- Reasonable person test
- Higher standard required for those with special knowledge or skill |
|
|
Injury or Harm |
Usually requires physical harm |
|
|
Causation |
Actual cause
|
|
|
Proximate Cause |
- Consequences must bear a reasonable relationship to the negligent conduct
- Harm must be foreseeable |
|
|
Comparative Negligence |
- Both parties are negligent
- Assign percentages of negligence
- Texas = >50% then no recovery |
|
|
Superseding Cause |
Causal connection is broken by intervening act (Earthquake) |
