Negligence is Breach of an Expert by Affirmative Violation to Trespassers of Commercial Causation Flashcards

1
Q

Negligence

A

Negligance = !:intent duty:breach:causation-in-fact-and-proximate:damages
Duty = at-least:R.circumstances forseeable-parties forseeable-unreasonable-risks
Learned Hand = Probility Magnitude burden:minimize/avoid

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2
Q

Breach

A

Breach = Question Fact Jury

Res Ipsa Loquitor = Infer ordinarily:absent Instrumentality:Exclusive

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3
Q

Expert

A

Expert = Discern:care Like:professional Good:standing
Medical = Informed:consent Reasonable:Patient Alternatives
Common Carrier = Higher Affirmative 911

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4
Q

Affirmative

A

Affirmative Duty = !:CL:Act Harm:Creator Gross:Wanton:Render:Continue
Emergency = Circumstances Lower !:Makers

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5
Q

Violation

A
Violation of Statue = !:per-se evidence type:harm:class
Automobile = Seatbelt:!per-se Negligent:entrustment Family:purpose
Per se = DUI electrical:fire:statutes
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6
Q

Trespassers

A
Trespassers = no-duty !:willful/wanton 
Licensees = non-business !: inspect Known-Risks!:obvious 
Invitees = business R.inspect Correct/warn:invitee
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7
Q

Commercial

A

Commercial Host = !:C.intoxicated:minors harm:others !:harm:drunk
Animal = Strict:undomestic Strict:bites:non-trespassers injury:property-damage
Attractive Nuisance= near-strict artificial:allured natural:simple-precautions

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8
Q

Causation

A

Causation =Connection Breach Harm
Infact = But-for !:Breach
Proximate = R.forceeable Rescue:Malpractice!:professional Unexpected:Supercedeing

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