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27 Cards in this Set
- Front
- Back
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Duty |
To use the applicable standard of care that a reasonable person of ordinary prudence would use in the circumstances to protect reasonably foreseeable plaintiffs from unreasonable risk of harm. |
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How to determine reasonable care |
PGBU |
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What are factors that modify PGBU? |
Customs of the locale Matter deemed to be known by locale Emergency Child standard of care Intellectual standard of care Common Carriers Land Occupier |
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What are the elements of an emergency that modifies PGBU? (4 elements) |
Sudden, Unexpected, Unforeseen Defendant did not create the emergency Not common knowledge Physical Characteristics |
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What is the child standard of care? |
Reasonable care of a child of like age, IQ, and experience Unless its an adult activity, then adult SOC is used. |
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What is the intellectual standard of care? |
The knowledge, training, and skill of an ordinary member of the profession in good standing. |
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What is the medical professional's duty? |
To disclose material risks that a reasonable patient would want to know |
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What are defenses for medical profession duty? |
Information was known or knowable Revealing information would have been detrimental to the patient Emergency |
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What are the three classes of Land Occupiers? |
Invitee Licensee Trespassers |
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Invitee |
People that can be reasonably expected to routinely enter the land. i.e. Meter readers, cable company. |
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Licensees |
People who are not expected to or routinely enter the land. i.e. Emergency personnel. |
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What is the SOC for a LO for people off the property |
Rural: Warn and make safe known dangers Urban: Warn, make safe, and inspect. |
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What is the duty for Artificial Conditions Highly Dangerous to Trespassing Children? (4 Elements) |
1) Knows or has reason to know that kids are likely to trespass on the place where the condition exists
2)Knows or has reason to know that there is an unreasonable risk of death or SBI to kids from the condition. 3) Kids, due to age, do not recognize and/or appreciate the danger 4) Utility of maintaining the condition and the burden to eliminate the risk are sight as compared to the risk to kids. |
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Lessor to Lessee / Vendor to Vendee typically have no duty except in which six exceptions? |
1) An undisclosed danger known to the lessor. 2) Condition on premises is a danger to those outside premises. 3) Premises are leased for administration of public (stores) 4) Parts lessor retains control of but lessee uses 5) Lessor contracts to repair or statute requires repair 6) Lessor is negligent in making repairs and lessee is ignorant that repairs were not made or were negligently made. |
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What are the 3 undisclosed dangers know to lessor classes? |
1) Lessor just does not disclose 2) Lessor is liable until lessee reasonably should have discovered the danger 3) Lessor actively conceals the danger. |
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What are the 4 elements of negligence per se (NPS)? |
1) Is the person in the class the statute is designed to protect 2) Is the injury the kinds that the statute is trying to prevent 3) Is there a reasonably close causal connection between the violation of the statute and the injury? 4) Is there a measurable standard by which to apply the statute? |
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Who is a reasonably foreseeable plaintiff (RFP)? |
Andrews: Everyone Cardozo: Anyone in the zone of danger |
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In RFP what is required of a bystander for Negligent Infliction of Emotional Distress (NIED)? |
Majority: 1)Must have a physical manifestation of ED 2) Must be in the zone of danger 3) Must have a close relation to the victim Minority 1) No physical manifestation required 2) Must be located near or have contemporaneous perception 3) Must be of close relation |
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Breach |
The act or omission that fails to conform the the standard of care. |
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What are the 2 elements of Res Ipsa Loquitor (RIL)? |
Is it more likely than not the injury was caused by negligence? Is it more likely than not the defendants negligence? |
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Causation
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A reasonably close causal connection between the negligent act and the injury. |
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What are the two kinds of Causation? |
Actual Proximate |
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Actual cause |
"but for" the negligent act the injury would not have occurred. |
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Proximate Cause: Wagon Mound |
Is it reasonably foreseeable that the specific injury would arise from the negligent act? |
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Proximate Cause: Polemis |
In hindsight, is it highly extraordinary that the type of injury would occur from the negligent act? |
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Intervening Forces (IF) |
Is a force between the negligent act and the injury so unforeseeable that it should break the causal chain and become a superseding cause. |
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What are the elements of the Rescue Doctrine? |
1) Are rescuers generally foreseeable? 2) What the defendant negligent the rescuer or rescued? 3) Would a reasonably prudent person have concluded the rescuee was in peril or in the appearance of imminent peril? 4) Did the rescuer act with reasonable care |
