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6 Cards in this Set

  • Front
  • Back
What things do you need to make a prima facie case for negligence?
1. Duty
2. Breach
3. Causation - Actual and Proximate
4. Damages - No negligence in the air.
What is the objective standard to which D is normally held?
Reasonable Person Standard
What is Cardozo's opinion from Palsgraf?
Foreseeable P = all that are in the zone of danger. Not in the zone of danger = no duty owed.
What is Andrews' opinion from Palsgraf?
Polemis -- If negligence to 1st person hurts 2nd person, 2nd person is foreseeable P, and therefore there is a duty owed.
What is the standard of care of a child?
A child of like age, intelligence, and experience.

Exception: When a child is engaged in adult activity.
What is the standard of care of a professional?
Reasonable professional in the same or similar communities.

If expert, must use expert knowledge.