Ch. 7 Flashcards Preview

Legal Studies > Ch. 7 > Flashcards

Flashcards in Ch. 7 Deck (13)
Loading flashcards...
1

negligence

occurs when someone suffers injury because of another's failure to live up to a required duty of care

2

What 4 things must a plaintiff prove to succeed in negligence action?

(1) Duty. that the defendant owed a duty of care to the plaintiff. (2) Breach. that the defendant breached that duty. (3) Causation. that the defendants breach caused the plaintiffs injury. (4) Damages. that the plaintiff suffered a legally recognizable injury.

3

duty of care

people are free to act as they please so long as their actions do not infringe on the interests of others

4

business invitees

retailers and other firms explicitly invite persons to come on their premises

5

malpractice

if a professional violates his or her duty of care toward a client

6

causation in fact

if the injury would not have occurred without the defendants action. "but for" the wrongful act, the injury would not have occurred

7

proximate cause

the connection between an act and an injury is strong enough to justify imposing liability

8

What are the three basic affirmative defenses in negligence cases?

(1) assumption of risk (2) superseding cause (3) contributory and comparative negligence

9

assumption of risk

(1) knowledge of the risk (2) voluntary assumption of the risk

10

superseding cause

an unforeseen intervening event occurs to break the connection between the wrongful act an injury, thus it relieves a defendant of liability for injuries caused by the intervening event

11

contributory negligence

no matter how insignificant the plaintiffs negligence was relative to the defendants negligence the plaintiff would be precluded from recovering damages

12

comparative negligence

the plaintiffs and the defendants negligence is computed and the liability for damages is distributed accordingly

13

res ispa loquitor

the facts speak for themselves