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Related Flashcards
Cards In This Set
| Front | Back |
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What is Negligence?
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-Tortfeasor does NOTintend the consequences of the act or believe they will occur
-Actor’s conduct merely creates a foreseeable risk of injury -So unlike intentional torts, no intent needed |
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What are the elements of negligence?
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-Defendant owed Plaintiff a duty of care;
-Defendant breached that duty; -Plaintiff suffered legal injury; -Defendant’s breach caused the injury. (You need all elements for liability) |
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If a person breaches a duty of care and another person suffers an injury, causation does not need to be established.(true/false)
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False
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If no harm results from an allegedly negligent act, there is no liability. (true/false)
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True
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To determine whether a duty of care has been breached, a judge asks how he or she would have acted in the same circumstances. (true/false)
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False
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How do the courts determine whether duty exists?
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Reasonable person standard
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How can a Defendant determine whether he owes the plaintiff a duty?
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- Defendant owes a duty to protect Plaintiff from foreseeable risks that Defendant knew or should have known about
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What is the duty of care policy?
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- If we are to live in a society with others, some actions can be tolerated, some cannot
-People are free to act so long as their actions do not infringe on the interests of others |
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The consequences of an act are legally foreseeable if they are....
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Consequences that typically occur in the ordinary course of events
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Whether an act is foreseeable is generally considered a question of fact to be determined by....
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The jury
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Duty of care varies based on...
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The Defendents occupation or relationship to Plaintiff
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Eve, an architect, hires Frank, an accountant, to handle her accounts. Dissatisfied with Frank's work, Eve sues him, alleging negligence. Frank may successfully defend against the suit by proving that he
____ a. did not injure Eve in any way. ____ b. does not know every principle of accounting. ____ c. performed as well as an ordinary person could have. ____ d. performed as well as Eve could have |
A.
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Pat files a successful suit against Quality Stores based on Quality's negligence. Normally, an award in such a suit consists of
____ a. comparative damages. ____ b. compensatory damages. ____ c. contributory damages. ____ d. punitive damages. |
B
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Liability for negligence requires a finding of causation in fact and a determination of proximate cause.
___ True ___ False |
True
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For recovery to be sought there must be 2 things...
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1. causation in fact
2. the act must be the proximate cause of the injury |
