Torts Flashcards
1
Q
Negligence Elements
A
damages
causation
breach
duty
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
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
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
5
Q
but for test for cause
A
several acts each insufficient to cause injury alone combine to cause injury
6
Q
substantial factor test for cause
A
several causes and any one alone would have been sufficient
7
Q
alternative causes approach or cause
A
several acts but only one causes plaintiff’s injury
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
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.
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