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14 Cards in this Set
- Front
- Back
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Consideration |
In any contract, each party gives or does something in exchange for what is recieved |
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Implied Contract |
Not indicated by direct words but evident from the conduct of the parties |
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Offer |
A proposal to perform a certain action or pay a specified amount |
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Principal |
the employer, or source of authority of the agent or employee |
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Specific performance |
The remedy of carrying out a contract as specified |
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Warranty |
A promise that certain facts are truly reprsented |
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Remedies |
legal ways to correct a wrong or prevent a wrong or enforce a right |
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Affirmative duty |
responding to an incident in a predetermined manner |
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Contributory negligence |
Conduct of a plaintiff that is below the standard to which he/she is legally required to conform for his or her own protection |
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Grossly negligent |
Failing intentionally to perform a necessary duty in extraordinary disregard to consequences to person neglected |
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Proximate cause |
That which in any natural and continuous sequence, unbroken by an intervening cause produces injury |
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Res ipsa loquitur |
Evidence showing that negligence by the accused person may be reasonably inferred from the nature of the injury occurring to the plaintiff |
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Plaintiff must show all of the following |
a) physician/patient relationship b) the relationship established duty by the physician to the patient c) a professional standard of care d) the physician breached the duty e) the pt had an injury f) the physician's breach was the proximate cause |
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Defenses available |
emergency, contributory negligence, comparative negligence, assumption of risk |
