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Related Flashcards
Cards In This Set
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Duty (definition)
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Everyone owes everyone else a duty, when they act, to act reasonably to avoid creating foreseeable and unreasonable risk under the circumstances to persons within the scope of the risk.
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Two most common forms to breach.
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1. specific way in which someone has acted
2. an untaken precaution |
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4 parts of negligence: part 1
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D violated the statute (breached her duty)
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4 parts of negligence: part 2
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P is a person within the class of people the statute was designed to protect
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4 parts of negligence: part 3
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The injures are of the sort the statute was designed to guard against
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After you've established breach, duty (class of person)/duty (sor of injury), what have you established?
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Negligence per se.
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4 parts of negligence: part 4
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The D's violation of the statute casued P's injuries (causation)
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How does custom relate to reasonableness?
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Custom is relevant to, but not determinative of, reasonableness. Departures from customary safety standard is evidence of negligence (eg. Trimarco, not using custom's tempered glas shower doors is evidence against RPP, but not determinative).
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TJ Hooper is the majority or minority approach to what categories
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CUSTOM
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