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27 Cards in this Set

  • Front
  • Back
Define: tort.
A civil wrong, other than a breach of contract, for which the offender must pay damages.
What kind of tort would be classified as a "deliberate wrong"?
What kind of tort is classified as "inadvertent or accidental wrong"?
Negligent tort.
What is strict liability?
Wrongs for which the offender is held liable regardless of his motivation or ability to prevent the injury.
Define: negligence.
Conduct that falls below the legally established standards of careful behavior and thereby causes injury to others.
4 Negligence Requirements.
1= Proof of injury.

2= Proof of cause of injury.

3= Proof that defendant breached a duty of care owed the plaintiff.

4= Proof that breach of duty of care by defendant proximately resulted in the injury to the plaintiff.
If the negligent conduct of the defendant does not result in harm to anyone else, is the defendant liable?
What does it mean when a case is dismissed "with prejudice"?
The action can't be brought again.
Why is the plaintiff suing in the Smythe v. Red Cross case?
Because Smythe found out that she was HIV + after receiving a blood transfusion from the hospital and believes that they did not run all of the proper tests on the blood.
What was the ruling in Smythe v. Red Cross?
In favor of defendant, because defendant did not show negligence and performed all duties promised in contract.
4 elements of actionable negligence
1= Duty to exercise reasonable care.

2= Breach of duty to exercise reasonable care.

3= Proximate (or legal) cause.

4= Actual harm.
What is the issue in Michnik v. Gordon's Liquors?
Whether a 3rd party is liable and blamed for negligence in the case of a minor drunk driving accident resulting in death.
How did the court rule in the Michnik v. Gordon's Liquors case?
In favor of plaintiff because there was enough evidence in this case to show that the death involved was a likely consequence of defendant's negligence.
How long is the statute of limitations for medical malpractice?
2 years.
How long is the statute of limitations in other forms besides medical malpractice?
3 years.
What is the hardest to prove element of actionable negligence?
Breach of duty.
What is proximate cause?
A cause that directly or with no intervening agency produces an effect.
What is the issue in Hosein v. Checker Taxi?
Whether Checker was under a common law duty to protect taxicab-lessee from the criminal acts of 3rd parties while using the cab.
What is the holding in Hosein v. Checker Taxi?
In favor of defendant because at common law, in the absence of a special relationship between defendant and the injured person, there's no duty imposed upon defendant to protect an injured party against the criminal acts of 3rd parties.
What is are 2 examples of a "common carrier"?
Bus or cab.
Who is the appellant in the Beauchene v. Synanon case?
Who is the appellee in the Beauchene v. Synanon case?
What is the issue in Beauchene v. Synanon?
Whether defendant was under duty of care to plaintiff because of escaped prisoners' gunshot wounds to plaintiff.
What is Gov't Code Sect 845.8?
Establishes that a public entity/employee enjoys absolute liability for injury caused by ... escapee, arrested person, person resisting arrest, etc.
What is the holding in Beauchene v. Synanon?
In favor of defendant to prevent the hinder in development of innovative criminal offender release and rehab programs.
What is the issue in McMahon .. v. St Croix Falls School?
Whether the school district owed plaintiff a duty of care by not calling to notify that Andrew was not in school, and whether this breach of duty caused plaintiff to prevent their son from committing suicide.
What is the ruling in McMahon v. St Croix Falls School?
In favor of defendant because even if defendant had called, the suicide is an intervening and superseding cause and too remote from the negligence to render the district liable.