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15 Cards in this Set

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  • Back
  • 3rd side (hint)
doctrine under which negligence may be inferred simple because an event occurred, if it would not have occured in absence of negligence
res ipsa loquitur
"the facts speak for themselves"
liability regardless of fault
strict liability
(tort law) may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products
(defense against negligence) can be used when plaintiff is aware of danger and voluntarily assumes the risk of injury from that danger (baseball games)
assumption of risk
people who are invited onto business premises by the owner of the premises for business purposes
business invitee
act or omission without which an event would not have occured
causation in fact
(theory in tort law) liability for injuries resulting from negligent acts is shared by all parties who were negligent on basis of proportion of negligence by each
comparative negligence
(theory in tort law) complaining party's own negligence contributed or caused his injuries
contributory negligence
absolute bar to recovery in a minority of jurisdictions
(state statute) imposes liability on owners of bars for injuries resulting from accidents caused by intoxicated persons when servers of alcohol contributed to intoxication
dram shop act
duty of all persons to exercise a reasonable amount of care in dealing with others
duty of care
does not constitute tort of negligence
(state statute) provides rescuers to others in peril cannot be sued for negligence (unless reckless)
Good Samaritan statute
professional misconduct or failure to exercise requisite degree of skill as a professional
failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
an act or failure to act in violation of statutory requirement
negligence per se
legal cause - exists when connection between an act and an injury is strong enough to justify imposing liability
proximate cause
behavior of a hypothetical "reasonable person"
reasonable person standard
standard against which negligence is measured and that must be observed to avoid liability for negligence