Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

6 Cards in this Set

  • Front
  • Back
What is the formula for calculus of risk in order to determine if there is liability or not.
B<PL - if the burden of making something safer is LESS than the probability * gravity of harm, then there WILL BE liability

B>PL- burden more than probability and liability- no harm

Also look at social untility of actor's conduct, but small degree of utility does not usually negate great degree of care.
What are the elements of Res Ipsa Loquitor?
1. no direct evidence as to defendant's conduct
2. injury was such that it does not usually occur without some act of negligence
3. defendant was in exclusive control of the instrumentality causing injury
4.Plaintiff did not cause their oown injury
What does "post hoc, ergo propter hoc" mean?
"after this, therefore because of this"

it cannot be assumed that an act was the cause of an injury simply due to the fact that they acted negligently and an injury later occurred. The causal connection is missing in this reasoning.
(def.) Intervening cause
Cause(s) from an outside source which may sever or supersede an actor's liability.
elements of a prima facie case of negligence
1. Duty to use reasonable care

2. Breach of duty

3. Causation

4. ACTUAL damages
What must be established to hold an actor liable in negligence per se?
1. statute must be clear
2. injury must be the type of harm that the statute was intended to protect against
3. person injured must be a member of the class of persons the statute was intended to protect.