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