• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/20

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

20 Cards in this Set

  • Front
  • Back

Negligence

harm to person and/or property caused by failure to exercise reasonable care

Duty of care

obligation to confirm to a standard of conduct prescribed by law

Zone of danger test

duty of care is owed to an unforeseeable plaintiff, such as a bystander, when the plaintiff was within the foreseeable zone, or orbit, of danger

World at large test

duty of care is owned to an unforeseeable plaintiff if, as a result of the defendant's unreasonable conduct, someone (not necessarily the plaintiff) was within the foreseeable zone of danger

Misfeasance

misconduct by affirmative act

Nonfeasance

misconduct by failure to act

Good Samaritan rule

absent a special relationship, in nonfeasance cases, no duty of care is imposed on a person to come to the aid of another in an emergency

Gratuitous undertaking

voluntarily assuming a duty of care when none is imposed by law

Good Samaritan statutes

statutes enacted in many to limit the ordinary negligence liability of Good Samaritans who come to the emergency aid of others

Danger

legal doctrine under which rescuers who are injured while coming to another's aid may recover from the person who accused the danger

Trespasser

person who intrudes on the land of another without permission or privilege

Licensee

person who enters the land of another, with permission, for his own purpose or benefit

Invitee

person who enters the of another, with permission, for the benefit of the land owner or occupier or the mutual benefit of both parties, or for the purpose for which the owner or occupier holds his property open to the public

Attractive nuissance doctrine

legal doctrine that states that a duty of care is owned to trespassing children of young age who cannot fully appreciate certain dangers and who may be attracted to artificial conditions or dangerous activities on the permises

Breach of the duty of care

failure to use reasonable care under the circumstances, judged by the reasonable person standard

Reasonable person standard

standard of behavior expected of a hypothetical reasonable person under the same or similar circumstance

Res ipsa loquitur doctrine

legal doctrine that infers negligence simply because an event occurred, if it is the type of event that would not normally occur in the absence of negligence; res ipsa loquitur means "the event speaks for itself"

Negligence per se

act or omission in violation of a statue; it literally means "negligence by itself"

Gross negligence

extreme negligence in which a tortfeasor fails to use even a small amount of care to avoid causing foreseeable harm to others or their property

Willful, wanton and reckless conduct

extreme negligence in which a person's act or omission is likely to cause harm to others or their property