Negligence Issue

Negligence Is sue

20 cards   |   Total Attempts: 188
  

Cards In This Set

Front Back
Negligence has four distinct elements
Duty, breach, causation, damages
Vaughn v. Menlove
Flammable hay rick stupidity is not a defense A reasonable man is a reasonable man
Beaulieu v. Finglam
Strict liabilty position holding the owner responsible not only for the fires that he set on his property but also for those set by his family or servants
Tuberville v. Stamp
Defendant had to guard the fire in his field
Coggs. V. Bernard
Principle subjects the bailee to a standard of care varying in proportion to the benefit that he derives from the bailment
Roberts v. Ring
Old man hit kid at 5 mph the one who does the harm is held to the reasonable man standard
Three types of negligence
Primary negligence contributory negligence comparative negligence
Stevens v. Veenstra
Holds beginners to the standard of care expected of those who are reasonably skilled and practiced in the art.
Holland v. Pitcocchelli
Plaintiff assumed the risk that the defendant will exercise a lower standard of care, when an expierence driver agrees to teach a novie how to drive
Daniels v. Evans
19 year old killed in motorcycle must be judged as an adult
Goss v. Allen
17 year old skier was not held to same standard as an adult
Dellwo v. Pearson
12 year old driving boat adult standard of care
Harrelson v. Whitehead
15 year old operating motorcycle was held to an adult standard on contributory negligence
Jackson v. McCuiston
13 year old farm boy should be judged by adult standard by operating a tractor
Purtle v. Shelton
Refused to hold a 17 year old to adult standard while hunting deer dissent: bullet is a bullet