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6 Cards in this Set

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  • Back
Negligence
an unintentional breach of duty causing injury using the objective standard of the reasonable person in similar circumstances.
Duty of Care
the obligation one person owes another to act reasonably so as not to cause harm.
Liability
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.
Defenses to Negligence
The defenses are contributory or comparative (relative fault) Negligence.
Strict Liability
Liability without fault
When does strict liability apply?
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.