Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
13 Cards in this Set
- Front
- Back
|
Negligence |
A breach of a duty of care not to injure |
|
|
Occupier's Liability |
- Owner/occupiers are liable for injuries which occur on property
- Invitee, licencee, trespassers |
|
|
Difference between Licencee and Trespasser |
Licencee is not invited but not told not to Trespasser is given notice not to come onto property or common sense that they were not invited (b & e) |
|
|
Manufacturer's Negligence |
- Also Product Liability
- Manufacturer has a duty of care not to injure
- Has changed society
- Stevenson vs. Donahue case |
|
|
Professional Negligence |
- Professional has not provided the standard of care that is expected of a reasonable professional.
- They are responsible to clients or anyone who may rely on information or service provided |
|
|
Res Ipsa Loquitor |
- The thing speaks for itself
- Plead where plaintiff could not know the circumstances surrounding the injury inflicted
- Onus shifts to defendant to prove no negligence |
|
|
Voluntary Assumption of Risk |
When you engage in an activity that can be unsafe, you assume the obvious risks |
|
|
Chain of causation |
- Where the cause of injury is directly related to an act of a defendant within reason
- Limit is proximate cause: Whether injury is foreseeable to a reasonable person |
|
|
Thin-skull rule |
If you can foresee that you can injure anyone at all, then you are responsible for all of it |
|
|
Reasonable person |
The standard of care used to measure acts of negligence |
|
|
Doctrine of Last Clear Chance |
Where someone could have avoided but didn't, then the primary responsibility shifts to the one who could have avoided |
|
|
Contributory Negligence |
- More than one person may be responsible
- Both parties may contribute to injuries |
|
|
Vicarious Liability |
- The liability at law of one person for the acts of another
- Employer can be vicariously liable for acts of employees
- Partners can be liable for partners |
