LAW 308-8

  1. Definition of negligence
    conduct that falls below the standard established by the law of protection of others against unreasonable risk of harm
  2. Reasonable person standard
    degree of care htat a reasonable person would excercise under all circumstances
  3. Reasonable - Children
    must conform to conduct of a reasonable person of the same age, intelligence, and experienc under all circumstances
  4. Reasonable - physical disability
    must conform to same conduct of a reasonable person with the same disability
  5. Reasonable - Mental
    a mentally disabled person is held to the same standard of someone who is NOT mentally deficient
  6. Reasonable - Superior Skills or Knowledge
    if a person has superior skill or knowledge, the skills and knowledge are taken into account as circumstances in determining whether or not they have acted without reasonable care
  7. Reasonable - Emergency
    emergency is ataken into concideration as circumstances however the reasonable person standard still applies
  8. Reasonable - Violaiton of Statute
    if the statute applies the violaiton is neglegence per se in most states
  9. Duty to Act
    A person is under a duty to all others at al times to excercise reasonable care for the safety of the other persons property; however in special circumstances, no one is required to aid another in peril.
  10. Duties to possessors of land
    Duty to trespassors
    not to injure intentionally
  11. Duties to possessors of Land
    Duty to licencees
    to warn of known dangerous conditions licensees are unlikely to discover for themselfs
  12. Duties to possessors of Land
    Duty to invitees
    to excercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees re unlikely to discover
  13. Res Ispa Loquitur
    • The thing speaks for itslef
    • Permits the jury to infer both negligent conuct and causation
  14. Factual Cause
    the defendants conduct is a factual cause of the harm when the harm would not have occured without the conduct
  15. Scope of Liability (proximate Cause)
    liability is limited to those harms that result from the risks that made the defendants conduct tortious
  16. Foreseeability
    excludes liability for harms that were sufficiently unforseeable at the time of the defendants tortious conduct that they were not amoung the risks that amde the defendant negligent.
  17. Superseding Cause
    an intervening act that relives the defendant of liability
  18. Burden of Proof
    plaintiff must prove that the defendants negligent conduct caused harm to a legally protected interest
  19. Harm to legally protected interest
    courts determine which intersts are protected from negligenct interference
  20. Contributory Negligence
    failure of a plaintiff to excercise reasonable care for his own protection, which in a few states prevents the plaintiff from recovering anything
  21. Comparitive Negligence
    damages are divided between the parties in proportion to their degree of negligence; applies in almost all states
  22. Assumption of risk
    plaintiifs express consent to encounter a known danger; some states still apply implied assumption of the risk
  23. Strict Liability
    liability for nonintentional and nonnegligent conduct
  24. Abnormally Dangerous Activity
    • strict liability is imposed for any activity
    • (1) creates a forseeable and highly significant risk of harm
    • (2) is not of common usage
  25. Keeping of animals
    strict liability is imposed for wild animals and usually for trespassing domestic animals
  26. Contributory Negligence
    is not a defense to strict liability
  27. Comparitive Negligence
    some state apply this doctrine to some strit liabilty cases
  28. Assumption of risk
    express assumption of risk is a defense to an action based upon strict liability; some states apply implied assumption of risk to strict liability cases.
Card Set
LAW 308-8
Law exam review ch 8