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20 Cards in this Set
- Front
- Back
Negligence |
harm to person and/or property caused by failure to exercise reasonable care |
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Duty of care
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obligation to confirm to a standard of conduct prescribed by law
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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 |
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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 |
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Misfeasance |
misconduct by affirmative act |
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Nonfeasance |
misconduct by failure to act |
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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
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Gratuitous undertaking |
voluntarily assuming a duty of care when none is imposed by law
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Good Samaritan statutes |
statutes enacted in many to limit the ordinary negligence liability of Good Samaritans who come to the emergency aid of others |
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Danger |
legal doctrine under which rescuers who are injured while coming to another's aid may recover from the person who accused the danger |
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Trespasser |
person who intrudes on the land of another without permission or privilege |
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Licensee |
person who enters the land of another, with permission, for his own purpose or benefit |
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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 |
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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 |
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Breach of the duty of care |
failure to use reasonable care under the circumstances, judged by the reasonable person standard |
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Reasonable person standard |
standard of behavior expected of a hypothetical reasonable person under the same or similar circumstance |
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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" |
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Negligence per se |
act or omission in violation of a statue; it literally means "negligence by itself" |
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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 |
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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 |