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13 Cards in this Set
- Front
- Back
five elements of negligence
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-duty of due care
-breach -factual causation -foreseeable type of harm -injury |
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Duty
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if the defendant could forsee that misconduct would injure a particular person, he probably has a duty to him/her
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Factual Cause
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if one event physically led to the ultimate harm, it is the factual cause
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Breach of Duty
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The defendant breaches their Duty of Care by failing to act as a “reasonable person” would under similar circumstances
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Negligent Hiring
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A company could be liable for the actions of an employee if it “knew or should have known” of an employee’s potential harm.
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Res Ipsa Loquitur
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When the facts imply that the defendant’s negligence caused the accident.
--“the thing speaks for itself” |
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Contributory Negligence
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If the plaintiff is found to also be negligent, then the plaintiff gets nothing
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Comparative Negligence
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Plaintiff can still recover damages even if they are also negligent
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Assumption of Risk
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A person who voluntarily enters a situation that has an obvious danger cannot complain if they are injured.
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Ultrahazardous Activity
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Something that involves a risk of serious harm that cannot be eliminated no matter how much care is used.
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Strict Liability
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prohibits defective products whether the defendant acted reasonably or not
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Negligence
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concerns unreasonable conduct by the defendant
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Statute of Limitations in VA
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2 years
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