negligence-general Flashcards
define duty of care
person must behave as RPP would under the same or similar circumstances
define breach of duty
D failed to use reasonable care to avoid causing harm
define causation
necessary link between D’s conduct and P’s injury
what are the two parts of causation?
cause in fact and proximate cause
define cause-in-fact
whether D’s conduct precipitated the injury
define proximate cause
causal connection between negligent conduct and P’s injury
what are the two concepts that satisfy both duty AND breach?
negligence per se and res ipsa loquitur
when is negligence per se applied?
violation of law/statute results in injury to another
when is negligence per se applicable to Plaintiffs and their actions?
if statute is meant to protect the Plaintiff and the types of injuries suffered by the P
what are the defenses to NPS?
direct defenses (p or injuries not protected by law), necessity, incapacity to comply, emergency, custom
which case involved NPS and sale of poison at a drugstore?
Osborne v McMasters
what did the Herzog case say about the jury’s power in NPS determinations?
jurors have no power to excuse breach of a statutory duty
what are the three requirements for Res Ipsa Loquitur?
accident/injury doesn’t usually happen unless someone is negligent, caused by instrumentality in control of the D, not due to any voluntary action by P
what was the significance of the Byrne/Boadle case?
first application of RIL
what did the Larson/St. Francis Hotel case say about RIL?
D needs to have exclusive control over instrumentality (chairs thrown from hotel)
