Business Law Chapter 7

Front 1

Tort

Back 1

civil wrong for which the law provides a remedy

Front 2

Neglignce

Back 2

unintentional breach of duty by the defendant that results in harm to another

Front 3

Duty

Back 3

reasonable care

Front 4

Negligent per se

Back 4

people who do not do what a statute requires, they are not acqting as the reasonable person would. duty+breach of duty

Front 5

Breach of duty

Back 5

an act or omission that violates the duty of reasonable care

Front 6

Cause in fact

Back 6

the actual or direct, of an incredible series of losses to numerous people

Front 7

Proximate cause

Back 7

place a legal limit on the extent of negligent persons liability

Front 8

Harm

Back 8

proof. measured as damages. compensation. form of money.

Front 9

Proof of negligence

Back 9

all four elements must be proved

Front 10

Preponderance of the evidence

Back 10

more likey than not that the wrong will occur

Front 11

Res ipsa lo quitor

Back 11

the instrumentality that caused the harm is/was in the exclusive control of the defendant but the occurrence that resulted in harm is generally accepted as out-of-the-ordinary

Front 12

Contributory negligence

Back 12

if the Plaintiff contributes in any way toward his/her injuries, the Plaintiff is completely barred from any recovery

Front 13

Last clear chance

Back 13

adopted to help mitigate the harsh results imposed by contributory negligence being used as a complete bar to recovery

Front 14

Comparative negligence

Back 14

jury assigns a relative value for harm caused by plaintiff and defendant

Front 15

Pure

Back 15

jury assigns relative value to harm to each party

Front 16

Modified

Back 16

jury determines whether Plaintiff is more than 50% responsible for own injuries

Front 17

Recklessness

Back 17

rarley encountered. occurs where there is a “conscious disregard for a known risk where there is a high degree of probable harm to another"

Front 18

Strict liability

Back 18

person who participates in certain kinds of activities is held responsible for any resulting harm to others, despite the use of the utmost care and caution