Negligence

Front 1

What is the basis of liability for negligence?

Back 1

the failure to exercise reasonable care under the circumstances for safety of another person or his property, which failure proximately causes injury to such person or property

Front 2

def. Negligence

Back 2

conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm

i.e. conduct that creates an unreasonable risk of harm

Front 3

What is the logic behind strict liability?

Back 3

The law imposes this liability in order to bring about a just reallocation of loss, given that the defendant engaged in the activity for his own benefit and probably is better prepared than the plaintiff is to manage the risk inherent in the activity through insurance or otherwise

Front 4

Three elements of negligence that must be proved

Back 4

1) breach of duty of care
2) proximate cause: that the defendant's failure to conform to the required standard of conduct proximately caused the injury and harm the plaintiff sustained
3) injury

Front 5

def. Reasonable person

Back 5

A fictitious individual who is always careful and prudent and never negligent

Front 6

def. Negligence per se

Back 6

legal doctrine whereby an act is considered negligent because it violates a statute (or regulation)

Front 7

t/f a lawful possessor of land is not liable to adult trespassers for his failure to maintain the land in a reasonably safe condition.

Back 7

True

Front 8

t/f A lawful possessor of land is not free to inflict intentional injury on a trespasser.

Back 8

True

Front 9

def. trespasser

Back 9

a person who enters or remains on the land of another without permission or privilege to do so

Front 10

def. licensee

Back 10

a person who is privileged to enter or remain on land only by virtue of the lawful possessor's consent

including members of the possessor's household, social guests, and salespersons calling at private homes

Front 11

def. invitee

Back 11

a person invited upon land as a member of the public or for a business purpose

Front 12

t/f A possessor of land is under a duty to exercise reasonable care to protect invitees against dangerous conditions they are unlikely to discover.

Back 12

True

Front 13

Duty to trespasser

Back 13

not to injure intentionally

Front 14

Duty to licensee

Back 14

to warn of known dangerous conditions which the licensee is unlikely to discover

Front 15

Duty to invitee

Back 15

To exercise reasonable are to protect against dangerous conditions about which the possessor should know and which the invitee is unlikely to discover

Front 16

Duty to act

Back 16

except in special circumstances, no one is required to aid another in peril

Front 17

RES ISPA LOQUITUR

Back 17

permits the jury to infer both negligent conduct and causation

Front 18

t/f Unforeseeable consequences is a limitation on causation in fact

Back 18

true

Front 19

What are unforeseeable consequences?

Back 19

no liability if defendant could not reasonably have anticipated injuring the plaintiff or a class of persons to which the plaintiff belongs

Front 20

What is superseding cause?

Back 20

an intervening act that relives the defendant of liability

Front 21

def. Contributory negligence

Back 21

failure of the plaintiff to exercise reasonable care for his own protection, which in a few states prevents the plaintiff from recovering anything

Front 22

def. Comparative Negligence

Back 22

damages are divided between the parties in proportion to their degree of negligence, applies in almost all states

Front 23

def. strict liability

Back 23

liability for non-intentional and non-negligent conduct