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12 Cards in this Set
- Front
- Back
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In contib regime, how guilty does P hve ot be t bar recivey?
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any modicm of neg on P's part is sufficient to bar recivery.
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What are ways around the all or nothing in contib?
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1. redefine the duty
2. redefine the standrd 3. explicit exceptions |
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What are explicit exceptions in contrib regimes?
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1. rescue doctrine
2. last clear chance 3. comparative neg rising to reckless then intentional 4. P's criminal activity |
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What is coparative fault? what are the types? hwo do they work?
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Comparative fult aportions % of bame, so even where P is contrib neg, they can sill reciver proprtionately. The types are pur and modified. In pure, it is what it is, but n mdified, if P is more than 49% guilty, no recovery.
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When dealng w/comparative fault, consider:
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1. the blindofld rule-give the jury what they need to make an informed decision"
2. Equitble and Just Approach-the jury rduces the reward according to P's relative guilt rather than make an award and start calculations 3. the MItigation Rule says P isobligated to mitgate the damages as much as posible and failue to do so couldbar recivery from harms that were allowed to "exaggrate" |
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What does the restatement encourage be considered when aking jury wards?
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1. the degree of neg, rnging from slight to reckless
2. the closeness of the connection btw that conduct and the harm |
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What are the fist two issues ot explore in AoR and what do they determine?
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primary vs. secondary. Primary is th eprice you pay to ply and its inherent and secodary asks what yo hae availed yourself to
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Beyond the intial stages, how do I clasify AoR?
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express-indicated tru contractual consent, behavior and
implied-look @ behavior or particpatino in activities |
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What nature of things affect/invalidate express AoR?
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1. compulsory contracts - i need medial care
2. Ask if they a. offend publicpolicy b. are unclear or ambiguous After stablishing this, ask if P was in or out..if in, no liability to D! |
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Generally, when examining secodnary/implied AoR, courts look at what?
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1. knowledge/appreciation of the risk
2. volition 3. capacity exceptions are kids, trust relationships, incarcerated people, crazy ppl |
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What are the specs on soprts and AoR?
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Sports fall under pimary AoR. The duty is not to lessen risks, but osmly not to increase them. THis is the LIMITED DUTY RULE. Further recovery is usually onl available in cases of reckless disregard.
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What kind f dfense is S/L? and what affects it? evolution?
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Its a defense o onthe merits but w/policyy rasons, aely to avad having to constantly be at the ready for suits that may never come to be and not to "waste" resources on "stale case". Initiialy, the clock started when the thing ocured, however thats unfair if the harm wst eveidet then. It evolved such that the clock starts when the all th elemntso f the tort are realized an a reasonableperson would discover the harm and D's role can be gleaned. ome eceptions are represed memeories, on which courts are ixed.
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