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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 |
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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. |
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The following people cannot be held liable for negligence |
Infants Mentally Incompetent Government Bodies Charitable Institutions |
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Five parts of an insurance policy |
Declaration Insuring agreement Conditions Exclusions Definitions |
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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 |
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Special Damages |
Designed to compensate for measurable loss for example medical expenses |
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General Damages |
Compensate for intangible losses such as pain and suffering , disfigurement and mental anguish |
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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. |
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General Requirements of an enforceable contract |
Offer and Acceptance Consideration Legal Object Competent parties Legal form |