chapters 4-7 Flashcards

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1
Q

Duty

A

An outcome that a person should have known or been able to anticipate or predict based on certain facts.

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2
Q

Breach

A

When the defendant fails to live up to a legal standard or violates a duty
Without proof of breach the other elements in the case are meaningless

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3
Q

Negligence per se

A

Negligence in and of itself the principle that the violation of a safety statute establishes a presumption of breach of duty in a negligence action

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4
Q

Proximate Causation

A

The facts that show the defendants legal responsibility for the injuries to the plaintiff for an injury. It refers to the link between defendants actions or failure to act and injury to the plaintiff

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5
Q

Damages

A

Monetary payments designed to compensate the plaintiff for an injury

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6
Q

Standard of care

A

The standard used to determine if a party has acted negligently in a particular case

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7
Q

Accident

A

Some event that did not involve human fault. Like a lighting strike

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8
Q

Custom

A

A practice that has acquired a legal status over time such that failing to follow the practice would result in liability. Like taking a medical history when admitting a new patient

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9
Q

Duty to strangers

A

There is no duty to strangers and no good Samaritan law

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10
Q

Duty from Professional Status

A

Professionals have a higher duty or standard of care simply because they are professionals and have more education and training than a lay person. Medical professionals have a duty to act. The greater the training the greater the care

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11
Q

Visitor

A

When a person is injured on someone’s property, the first task is to classify the person. Is he a trespasser, a licensee, or an invitee? The classification determines the duty

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12
Q

Trespassers

A

A person who is on the property of another without permission

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13
Q

Licensee

A

A person who enters another person’s premise for convenience, curiosity, or entertainment. Also known as a guest. There is a duty to warn of dangerous conditions

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14
Q

Invitee

A

A person who has a business purpose in coming onto the property. Warn of dangerous condition and make premises safe

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15
Q

Reasonable Person Standard

A

The standard used by the court as a yardstick by which it can evaluate the defendants actions in a particular case

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16
Q

The Objective Standard

A

Reasonable person standard can and should take into account the fact that people are fallible and should include consideration for those potential faults.

17
Q

Physical/Mental characteristics

A

As a general rule,the defendants physical characteristics such as disabilities can be taken into account when evaluating his actions. As a general rule his mental characteristics will not

18
Q

Res ipsa loquitur

A

The thing speaks for itself; the principle that under certain circumstances such as the type of accident that would not normally occur without some form of negligence, the defendants negligence can be presumed
allows a plaintiff to bring an action even when he cannot prove precisely hat caused his injury

19
Q

Proximate Causation

A

The facts that show the defendant’s legal responsibility for the plaintiff also known as legal cause

20
Q

Proximate Cause

A

Involves proof of responsibility. It involves the following:
1. Proof of injury caused by defendant
2. That occurred in a natural unbroken and continuous sequence
3. That was uninterrupted by any intervening cases
4. That produced the plaintiff’s injury
5. Without which the result would not have occurred
At the end of the trial, proximate cause is a jury question

21
Q

Forseeability

A

The extent to which the defendant should have anticipated that her actions could cause possible injuries to another

22
Q

“But For” test

A

Under the “but for” test, a defendant’s actions will be the proximate cause when the plaintiff’s injuries would not have occurred, but for the defendant’s negligence

23
Q

“Substantial Factor” test

A

Under the substantial factor test, a defendant is the proximate cause of the plaintiff’s injuries when he is the predominant, major, or substantial factor in causing those injuries.

24
Q

Intervening cause

A

Any event that occurs after the initial plaintiff’s injury that contributes to or aggravates those injuries
When two or more defendants combine to injure the plaintiff, each may be considered intervening causes and all will be liable to the plaintiff

25
Q

Superseding cause

A

Any event that occurs after the initial plaintiff’s injury that replaces one act of negligence with another
Defendant’s A and B are both negligent, but Defendant B’s negligence clearly outweighs Defendant A’s. is a superseding cause and only she will be liable to the plaintiff