Torts Flashcards

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1
Q

Negligence Elements

A

damages
causation
breach
duty

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2
Q

Res Ipsa Loquitur

A
  • the accident causing the injury is a type that would not normally occur unless someone was negligent;
  • the negligence must be attributable to the defendant; and
  • the plaintiff must show that the injury was not attributable to her
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3
Q

Directed verdict

A
  • plaintiff moves = almost always denied
  • defendant moves = could be granted if plaintiff has not shown breach of duty
  • on exam usually should be denied
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4
Q

negligence per se

A
established  by violation of a statute if plaintiff shows:
-she is in the class intended to be protected by the statute, and
-the statute was designed to prevent the type of harm that she suffered
Establishes duty and breach
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5
Q

but for test for cause

A

several acts each insufficient to cause injury alone combine to cause injury

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6
Q

substantial factor test for cause

A

several causes and any one alone would have been sufficient

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7
Q

alternative causes approach or cause

A

several acts but only one causes plaintiff’s injury

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8
Q

proximate cause/ legal

A
  • typiically there is more than one actual cause for plaintiff’s injury
  • limits scope of liability
  • a defendant is only liable for the harmful results that are the normal and foreseeable consequences of his acts
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9
Q

General test for proximate cause

A
  • was the harm within the risk created by defendant’s conduct
  • if an intervening force is foreseeable, it will NOT cut off the defendant’s liability for his negligent conduct.
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10
Q

intervening force

A

an outside force that comes into motion AFTER the defendant’s negligent act and combines with it to cause the plaintiff’s injury
-can never be plaintiffs or defendant’s conduct

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