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6 Cards in this Set
- Front
- Back
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Negligence
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an unintentional breach of duty causing injury using the objective standard of the reasonable person in similar circumstances.
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Duty of Care
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the obligation one person owes another to act reasonably so as not to cause harm.
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Liability
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arises from the causation in fact (actual cause) and proximate cause (legal cause) Ex. Corporation that is responsible for oil spills is not liable to member of clean up crew who dies of heart attack.
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Defenses to Negligence
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The defenses are contributory or comparative (relative fault) Negligence.
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Strict Liability
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Liability without fault
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When does strict liability apply?
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It applies to abnormally dangerous activities considered ultrhazardous and carry an inherent high risk of injury. Ex. Corporation is strictly liable for injury caused by explosion at hazardous waste facility.
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