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6 Cards in this Set
- Front
- Back
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What things do you need to make a prima facie case for negligence?
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1. Duty
2. Breach 3. Causation - Actual and Proximate 4. Damages - No negligence in the air. |
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What is the objective standard to which D is normally held?
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Reasonable Person Standard
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What is Cardozo's opinion from Palsgraf?
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Foreseeable P = all that are in the zone of danger. Not in the zone of danger = no duty owed.
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What is Andrews' opinion from Palsgraf?
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Polemis -- If negligence to 1st person hurts 2nd person, 2nd person is foreseeable P, and therefore there is a duty owed.
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What is the standard of care of a child?
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A child of like age, intelligence, and experience.
Exception: When a child is engaged in adult activity. |
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What is the standard of care of a professional?
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Reasonable professional in the same or similar communities.
If expert, must use expert knowledge. |
