Negligence Flashcards

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1
Q

Tort law

A

Civil wrong
Negligence

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2
Q

4 principles of negligence

A

Duty
Breach
Proximate cause
Damages

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3
Q

Pilot (standard of care -duty)

A

Held to standard of average pilot of ordinary skill, ability & knowledge

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4
Q

Airline (standard of care)

A

Held to 121

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5
Q

Negligence

A

Acting/ failing to act which causes personal injury or property damage

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6
Q

Preponderance

A

Burden of proof
>50%

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7
Q

Burden - plaintiff

A

Trying to prove a point
(No beyond a reasonable doubt)

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8
Q

Comparative negligence

A

Revised for fairness

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9
Q

Stare decisis

A

What came before

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10
Q

Proximate cause

A

Immediate cause (without accident wouldn’t have happened)

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11
Q

Who does negligence apply to?

A

FBOs

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12
Q

Premise of liability

A

You are responsible for what happens on your property
(Slip and fall claims)

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13
Q

Affirmative defenses

A

-sudden emergency
-open & obvious
-notice of knowledge

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14
Q

Invitee

A

Required to fix

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15
Q

Notice of knowledge

A

Duty to inspect by letting someone know or warn them to fix it

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16
Q

Licensee

A

Required to make someone fix

17
Q

Duty to inspect

A

Licensee
Required to make someone fix

18
Q

Keeper of premises
(Premises liability)

A

Legal obligation to the people on your property