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20 Cards in this Set
- Front
- Back
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Foreseeability |
> the predictability of an event or occurrence > tortfeasor who cause harm to another might not be liable for the harm caused if the harm was not foreseeable |
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Tort liability |
>when a person commit a wrongful act |
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tortfeasor |
>(defendant)person who commits wrongful act (tort) |
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Joint tortfeason |
>two or more tortfeasons who contribute to causing another injury or property damage |
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Joint and several liability |
>legal doctrine under which a plaintiff may sue all of the responsible parties, jointly, or any one or more of them, at plaintiff option |
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Contribution |
>right of a joint tortfeasor who has paid a judgement to be proportionately reimbursed by the other joint tortfeasor for their share of the harm |
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Indemnity?Subrogation |
>method of forcing a person who has not paid the judgement to reimburse the person who paid it for the full amount of the judgement paid |
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Satisfactiion |
>full payment of a judgement by a liable party |
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Release |
>document that formally relinquishes a plaintiff's legal cliam |
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Covenant not to sue |
>Legally enforceable promise by the plaintiff not to sue the person in whose favor the covenant is made |
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Vicarious liability |
>Legal responsibility of one person for the wrongful conduct of another *respondeat superior *joint enterprisse liablilty *automobile consent statutes *family purpose doctrine *parental liability |
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Doctrine of respondant superior |
>employer can be held vicarious liable for the wrongful conduct if its employees committed wrongful conduct within the course and scope of their employment >latin for "LET THE MASTER RESPOND" |
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Independent contractor |
>one who works for another but whose working conditions and methods are not controlled by the the hiring party. |
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Empolyer |
>one who hires another to perform work on his behalf, and who has the right to control the details of how the work is performed |
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Course and scope of employment |
>conduct of an employee performed on the interest, or behalf, of the employer |
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Frolic and detour |
>employee deviates from or abandons the employer's business interest and acts in furtherance of her own personal interest |
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Joint enterprise liability |
>legal doctrine under which persons who are working together for some common business |
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Automobile consent statutes |
>legislative acts that make the owner of automobiles vicariously liable for the negligence of any person to whom they entrust their automobiles |
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Family purpose doctrine (family car doctrine) |
>doctrine allows a plaintiff to sue the owner of an automobile for the negligence acts of members of the owner's family when an immediate member is driving for family purpose |
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Parental liability |
>traditional parents are rule not vicariously liable >exception parent entrust child with instrument (cars,reliefs) |
