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8 Cards in this Set
- Front
- Back
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Contributory negligence |
Failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury suffered. Used to bar plaintiff entirely if they were negligent |
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Comparative negligence |
Relative percentage of negligence weighed against each other to determine how much to be paid to injured person |
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Palsgraf majority opinion |
Basic principle that plaintiffs were owed a duty. Cardozo would say to use the eye of ordinary vigilance to see if the plaintiffs were in geographical danger in the zone of danger. |
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Tarassofian view of good plaintiff |
Duty is not sacrosanct in and of itself but only a sum total of those considerations of policy that lead the law to say that a particular plaintiff is entitled to protection. |
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Considerations under tarasoff |
Forseeability of the harm to the plaintiff. Certainty of the harm to the plaintiff Nexus of the harm to the plaintiff and the conduct of defendant Moral blame of the defendant Public policy Availability of insurance |
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Palsgraf dissenting opinion |
Stated proximate cause needs to act as a limitation on liability so that the defendant is not liable for the foreseeable harm that fell within the scope of risk. |
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Compensatory Damages |
Past and future medical at present cash value, past and future pain and suffering, and past and future wages and earning capacity. |
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Niedpi |
Negligent infliction of emotional distress. Majority of courts require some physical manifestation of the emotional distress. Zone of danger, cardozos palsgraff opinion. |
