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28 Cards in this Set

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  • Back
Breach of Duty of Care: Definition of negligence
conduct that falls below the standard established by law for the protection of others against unrasonable risk of harm
Breach of Duty of Care: Reasonable person standard
degree of care that a reasonable person would exercise in a given situation
Breach of Duty of Care: Children: resonable person
must conform to conduct of a reasonable person of like age, intelligence, and experience
Breach of Duty of Care: Physical Disability: reasonable person
a disabled person's conduct must conform to that of a reasonable person under like disability
Breach of Duty of Care: Mental Deficiency: reasonable person
a mentally deficient person is held to the reasonable person standard
Breach of Duty of Care: Superior skill or Knowledge: reasonable person
professionals must exercise the same care and skill normally possessed by memebers of their profession
Breach of Duty of Care: Emergencies: resonable person
the reasonable person standard applies, but the emergency is considered part of the circumstances
Breach of Duty of Care: Violation of state: reasonable person
if the statute applies, the violation is negligence per se
Breach of Duty of Care: Duty to act
except in special circumstances, no one is required to aid another in peril
Breach of Duty of Care: Duty to trespassers: Duties of possessors of land
not to injure intentionally
Breach of Duty of Care: Duty to Licensees: Duties of possessors of land
to warn of known dangerous conditions licensees are unlikely to discover for themselves
Breach of Duty of Care: Duty to invitees: Duties of possessors of land
to exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover
Breach of Duty of Care: Res Ipsa Loquitur
permits the jury to infer both negligent conduct and causation
Proximate Cause: Causation in Fact
the defendent's conduct was the actual cause of, or a substantial factor in causing the injury
Proximate Cause: Unforseeable consequences: Limitatations on causation in fact
no liability if defendant could not reasonably have anticipated injuring the plaintiff or a class of persons to which the plaintiff belongs
Proximate Cause: Superseding Causes: Limitatations on causation in fact
an intervening act that relieves the defendant of liability
Injury: Harm to Legally Protected Interest
courts determine which interests are protected from negligent interference
Injury: Burden of Proof
plaintiff must prove that defendent's negligent conduct caused harm to legally protected interest
Defenses to Negligence: Contributory Negligence
failure of plaintiff to exercise reasonable care for his own protection, which in a few states prevents the plaintiff from revovering anything
Defenses to Negligence: Comparitive Negligence
damages are divided between the parties in proportion to their degree of negligence; applies to most states
Defenses to Negligence: Assumtion of Risk
plaintiff's express consent to encounter a known danger, some states still apply implied assumtion of risk
Activities giving rise to strict liability: Definition of Strict Liability
liability for nonintentional and nonnegligent conduct
Activities giving rise to strict liability:Abnormally Dangerous Activities
involve a hogh degree of serious harm and are not matters of common usage
Activities giving rise to strict liability: Keeping of animals
strict liability is imposed for wild anilmals and usually for trespassing domestic animals
Activities giving rise to strict liability: Product liability
imposed upon manufactures and merchants who sell goods in a defective condition unreasonably dangerous to the user or customer
Defenses to Strict Liability: Contributory Negligence
is not a defense to strict liability
Defenses to Strict Liability: Comparitive Negligence
most states apply this doctine to products liability cases
Defenses to Strict Liability: Assumtion of Risk
is a defense to an action based upon strict liability