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15 Cards in this Set

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  • Back
Restatement 288
Defenses Agst. Negligence per se
1. The violation is reasonable b/c of actor's incapacity. 2. They didn't know or had no reason to know for the occasion to comply 3. They are unable to comply after reasonable dilligence or due care. 4.They are confronted by an emergency not due to their own conduct. 5. Compliance would involves a greater risk or harm.
Insolvent or Immune D's
D held joint & severally liable cannot receive contribution if D is immune or unable to pay.
Actual Cause: But-for Test
D's neg. is the actual cause of the injury if but-for D's neg., the injury would not have occured.
Actual Cause: Substanial Factor Test
When D's neg is a substanial factor in bringing about harm, D will be the actual cause of harm.
Several Liability
The trier of fact makes a comparative fault apportionment of liabilty no tortfeasor is liable for more than their share. P assumes the risk if one party is unable to pay.
Modern Control Rule
Not in the restatement as an element of RIL. Some cts use it liberally that D must have the right& opportuntity to exercise control.
Smoking out Rationale
Shifting thr burden to D to prove they weren't negligent.
RIL w/ Multiple D's
Assume neg. was on the part of all the D's, but all possible sources of fault must be joined in the case
Traditonal Control Rule
D has to has exclusive control over the instrumentality
If more than one D is liable, D that pays the damages can recover contributions from other D according to their share.
IN demnity
D can get all of their loses covered by someone else even if they are found liable. Could be contractial or due to a resp.
Joint & Several Liability
P can enforce the claim agst. both and get a judgment about both, but can not recieve more than the amount of their damages.
Apportionment Among D's
If both are neg. they share the payments to P according to their share.
Consorted Action
D's agree to work together
Indivisable Injury
Damages cannot be apportioned w/ reasonable certainty.