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13 Cards in this Set
- Front
- Back
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Explain the doctrine of Res Ipsa Loquitor
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When the P's injusy is of the kind that would not normally occure in the absencw of negligence and such negligence is attributal to the D (the instrumentality that casued the injury was in the exclusive contol of the D) then the trier of fact mat infer the D's negligence
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What are the elements of a prima facie case for products liability based on strict liability?
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1.strict duty owed by a commercial supplier
2. breach of that duty 3. actual and proximate cause 4. damages |
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What are the elements of a prima facie case for battery?
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1. an act by the D that brings out a harmful of offensive contact to the P
2. intent on the part of the D to act 3. causation |
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What are the elements of a prima facie case for negligence?
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1. a duty on the part of the D to conform to a specific standard of conduct to protect the P from unreasonable risk of injury
2. breach of that duty 3.actual and proximate casuation 4. damages |
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What is an invitee?
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An invitee is someone who enters onto the land in response to an express or implied invitationof the landowner
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What are the elements of a prima facie case for assault?
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1. an act by the D creating a reasonable apprehension in the P of immediate harmful of offensive contact
2. intent on the part of the D to bring about that apprehension 3. causation |
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What are the elements for a prima facie case of IIED?
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1. an act by the D amounting to extreme and outrageoius conduct
2. intent to cause severe emotional distress or recklessness as to the effect od D's conduct 3. causation 4. damages |
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Define "outrageous conduct"
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Outrageous conduct is extreme conduct that transcends all bounds of decency
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Explain "assumption of risk"
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Assumption of risk is a defense that requires the P know of the risk and voluntary assumed it
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What are the elements of a prima facie case for intentional misrepresentation?
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1. misrepresentation
2. scienter 3. intent to induce the P's reliance 4. causation (actual reliance) 5. damages |
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Explain the doctrine of Last Clear Chance
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Thedoctrine of last clear chance permits the P to recover despite his on contributory negligence. Under this rule the person with the last clear chance to avoid the accident and fails to do so is liable for negligence
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What are the elements for a prima facie case for invasionof privacy?
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1. publicatin of about the P by the D placing P in a false light in the public eye
2. the false light must be something that would be objectionable to a reasonable person under the circumstances |
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What are ther elements of a prima facie case for invasion of right to privacy?
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1. an act of pryingor intrusing on the affairs or seclusion of the P bt D
2. the intrusion must be something that would be objectionable to a reasonable person 3. the thing to which there is an intrusion or prying must be private |
