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18 Cards in this Set
- Front
- Back
Tort
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civil wrong for which the law provides a remedy
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Neglignce
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unintentional breach of duty by the defendant that results in harm to another
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Duty
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reasonable care
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Negligent per se
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people who do not do what a statute requires, they are not acqting as the reasonable person would. duty+breach of duty
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Breach of duty
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an act or omission that violates the duty of reasonable care
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Cause in fact
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the actual or direct, of an incredible series of losses to numerous people
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Proximate cause
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place a legal limit on the extent of negligent persons liability
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Harm
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proof. measured as damages. compensation. form of money.
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Proof of negligence
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all four elements must be proved
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Preponderance of the evidence
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more likey than not that the wrong will occur
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Res ipsa lo quitor
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the instrumentality that caused the harm is/was in the exclusive control of the defendant but the occurrence that resulted in harm is generally accepted as out-of-the-ordinary
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Contributory negligence
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if the Plaintiff contributes in any way toward his/her injuries, the Plaintiff is completely barred from any recovery
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Last clear chance
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adopted to help mitigate the harsh results imposed by contributory negligence being used as a complete bar to recovery
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Comparative negligence
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jury assigns a relative value for harm caused by plaintiff and defendant
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Pure
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jury assigns relative value to harm to each party
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Modified
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jury determines whether Plaintiff is more than 50% responsible for own injuries
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Recklessness
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rarley encountered. occurs where there is a “conscious disregard for a known risk where there is a high degree of probable harm to another"
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Strict liability
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person who participates in certain kinds of activities is held responsible for any resulting harm to others, despite the use of the utmost care and caution
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