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9 Cards in this Set

  • Front
  • Back

What is Negligence?

A person's failure to exercise the proper degree of care required by the circumstances

Legal liability is imposed when the there is proof that

There was negligence



There was actual damage or loss



The negligence was the proximate cause of the damage.

The following people cannot be held liable for negligence

Infants


Mentally Incompetent


Government Bodies


Charitable Institutions

Five parts of an insurance policy

Declaration


Insuring agreement


Conditions


Exclusions


Definitions

Res Ipsa Loquitur

The thing speaks for itself. The very fact that the injury or damage occurred establishes a presumption of negligence on behalf of the defendant

Special Damages

Designed to compensate for measurable loss for example medical expenses

General Damages

Compensate for intangible losses such as pain and suffering , disfigurement and mental anguish

Punitive Damages

damages intended to reform, punish or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit.

General Requirements of an enforceable contract

Offer and Acceptance


Consideration


Legal Object


Competent parties


Legal form