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5 Cards in this Set

  • Front
  • Back

No affirmative duty to help others UNLESS:

1. Assumption of duty


2. Placing another in peril


3. By authority/control


4. By relationship

Defenses to Negligence Per Se:

1. Emergency


2. Compliance was impossible

Elements of Res Ipsa Loquitur:

1. Accident could only have occurred due to negligence


2. Caused by agent/instrumentality of Defendant's exclusive control


3. Not due to Plaintiff's own negligence

Types of personal injury damages:

1. Lost income subject to Eco-Loss Rule


2. Pain and suffering


3. Medical expenses

Types of property damages:

1. Value difference before and after injury


2. Cost of repairs (personal property)


3. Replacement value (household items)