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20 Cards in this Set
- Front
- Back
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Two Aspects of Duty
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Does the defendant owe a duty to the plaintiff?
What was the standard of care? |
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Reasonable Person Standard Definition
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What would a reasonable person do?
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Reasonable Person Standard Factors
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- Custom Evidence
- Industry Standard - Sudden Emergency - Disability - Minors |
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Professional Standard of Care
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What would a professional of the industry do?
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Rule of Law
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Not Available
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Types of Standard of Care
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- Reasonable Person
- Professional - Rule of Law - Negligence Per Se (Statutory Standard of Care) |
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Negligence Per Se - Statutory Standard of Care
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A violation of a statue that amounts to a breach of duty.
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Reasonable Person Standard Factors
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- Custom Evidence
- Sudden Emergency - Physical Disability - Mental Disability - Minority |
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Sudden Emergency Doctrine
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The emergency must be unforeseen, sudden, unexpected, and not caused by the plaintiff.
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Professional Standard of Care
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The standard of care to be applied to a professional is that conduct that the ordinary member of the profession would engage in under the same or similar circumstances.
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Rule of Law
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When the law dictates what the standard of care should be.
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Negligence Per Se
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When violation of a statute constitutes a breach of duty.
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Elements of Statutory Negligence
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- Statutory Standard of Care (Duty)
- Unexcused violation of statute (Breach) - Causation - Damage |
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How does one prove negligence?
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By proving an unreasonable breach of a standard of care.
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Circumstantial Evidence
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Evidence from which a jury can infer the existence of the fact in issue.
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Direct Evidence
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Evidence which directly supports the fact in issue.
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Actual Notice
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If the defendant actually causes the dangerous condition whether he realizes it or not or if the defendant is informed of the condition.
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Constructive Notice
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No actual notice or knowledge of the dangerous condition but should have known under the circumstances.
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How can constructive notice be proven?
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By showing that the condition existed for a period of time.
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Res Ipsa Loquitur
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Circumstantial evidence that will establish duty and breach.
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