Negligence

Question 1

defendant is liable for

Answer 1

deliberate or intentional invasion of plaintiff legally protected interest

Question 2

in negligence, the defendant is liable for

Answer 2

unreasonable, but not necessary deliberate invasion of plaintiff interest

Question 3

four elements of negligence

Answer 3

duty
breach
causation
damage

Question 4

general rule that any action a person understakes is to be performed with reasonable care to avoid forseeable injury

Answer 4

duty

Question 5

doctors are held to a very high standard of

Answer 5

reasonable care

Question 6

what must occur with the damage for negligence to be established

Answer 6

damage caused must have been reasonably forseeable consequence for the action

Question 7

always forseeable consequence of negligence

Answer 7

medical malpractice

Question 8

what factors need to be taken into consideration when evaluating if you have a duty to render care

Answer 8

emergency
if begin aid then withdraw
able to render necessary aid
if you have  a special skill
have a special relationship

Question 9

if you render medical care, what can the patient be obligated to do

Answer 9

pay for care

Question 10

conduct falls below standard or care required under circumstances

Answer 10

breach of duty

Question 11

required standard of care is reasonble measurement of

Answer 11

your specific skills

Question 12

standard of showing breach is lower than showing

Answer 12

act in intentional tort

Question 13

negligence liability can be based upon

Answer 13

non violation or unintentional act

Question 14

omissions or failure to act

Answer 14

failure to render action that is your duty to act

Question 15

duty+breach=

Answer 15

fault

Question 16

what takes place in negligence that intent would take in tort

Answer 16

fault

Question 17

is there “mens rea” element of negligence ?

Answer 17

no

Question 18

duty breach of the defendant msut be cause of injury to plaintiff

Answer 18

causation

Question 19

what types of causation need to be present

Answer 19

actual cause

proximal cause

Question 20

actual cause, aka

Answer 20

cause in fact

but for cause

Question 21

standard of cause analysis

Answer 21

was the duty breach of the defendant a substantial, material factor in bringing about the injury

Question 22

what does the court ask for proximate cause

Answer 22

is it reasonably forseeable that the duty breach of the defendant would cause the type of injury sustained by the plaintiff

Question 23

in an intentional tort, where at the damage stop

Answer 23

at mere offense

Question 24

in a negligence case, what must the plaintiff show

Answer 24

actual physical harm to person or property

Question 25

two types of negligence liability

Answer 25

pure comparative fault | contributory negligence

Question 26

each party can recover whatever percentage of damage for which was not at fault

Answer 26

pure comparative fault

Question 27

plaintiff can recover from the defendant as long as he was less at fault than the defendant

Answer 27

contributory negligence

Question 28

in a case against multiple defendants, each defendant is liable for 100% of the damage, even if he wasnt the solely responsible one under

Answer 28

joint and several liability

Question 29

the thing speaks for itself

Answer 29

res ipsa loquitor

Question 30

what is res ipsa loquitor used for

Answer 30

proving negligence when duty and breach cannot clearly be established

Question 31

what must the plaintiff prove in regards to negligence

Answer 31

accident wouldnt have happened unless someone was careless AND defendant was the last person or entity in control of the instrumentality