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10 Cards in this Set
- Front
- Back
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Assumption of Risk
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The requirements of this defense are (1) knowledge of the risk and (2) voluntary assumption of the risk. This defense is frequently asserted when the plaintiff was injured during recreational activities that involve known risk, such as skiing and skydiving.
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Negligence
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Occurs when someone suffers injury because of another's failure to live up to a required duty of care.
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Causation
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Usually can be determined by the use of the but for test: "but for" the wrongful act, the injury would not have occurred.
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Contributory
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A plaintiff who was also negligent (failed to exercise a reasonable degree of care) could not recover anything from the defendant. Today, only a few jurisdictions still hold to this doctrine. Yes the person is negligent, but the other party contributed to make the situation worse.
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Comparative
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Standard enables both the plaintiffs and the defendants negligence to be computed and the liability for damages distributed accordingly. Company will assign a percentage of fault to each party.
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Strict Liability
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Or _ without fault. Intentional torts and torts of negligence involve acts that depart from a reasonable standard of care and cause injuries. Under the doctrine of _, a person who engages in certain activities can be held responsible for any harm that results to others even if the person used the utmost care. _ for injury is imposed for reasons other than fault. _ on the surface EX: Kids in 3rd grade and drew what his dad does, and that is making drugs.
Also Keeping of wild animals. It is stupidity on your part to house a wild animal. |
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Good samaritan Statute
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EX: Biker gets hurt, someone comes over and does the wrong thing, but helps the person like a good samaritan. They cant be sued because they tried to help.
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Dram Shop Acts
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Over served by the bartender and they get in accident. That persons can bring in the Bar and the Bartender into that lawsuit.
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Social Host Act
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A party is being thrown and a person is hammered. If they drive home, the host is at risk because they let them drive and the host can be thrown in the lawsuit.
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Inkeepers Law
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Staying somewhere, your personal property should not be stolen, unless they have a safe in the room.
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