chapter 5 Flashcards
(22 cards)
but for test
a test of causation in a negligence actions to determine whether or not the injury would have occurred had it not been for the act of the defendant
circumstantial evidence
testamony not based on actual observations or personal knowledge
contributory negligence
a failure to take responsible care , which contributes to the injury complained of
deep pockets phenomenon
?
duty of care
the obligation to take steps to avoid foreseeable harm
foreseability
what a person should be able to anticipate
negligence
an unintentional careless act
negligent
to unintentionally cause harm to somone
occupier
tenant or the person living on a property
product liability
legal liability of a manufacturer
reasonable person test
the judicial standard of socially acceptable behaviour
remoteness test
determining if the damages are too far removed from the negligent act
reasonable forseeablity test
test wether a duty of care is owed, based on what a person should have anticipated
standard of care
the degree of prudence and caution required of an individual who is under a duty of care.
strict liability
liability even in the absence of fault
thin skull rule
we take our victim as we find them even those with unique physical or mental problems
vicarious liability
liability of employers for injuries caused by employees while carrying out there employment duties
voluntary assumption of risk
volenti non fit injuria
waiver (release)
the voluntary relinquishment or surrender of some known right or privilege.
crumbling skull rule
the principal that the tort feaster is not responsible for the plaintiffs losses that were inevitable
prima facie case
facts presented by the plaintiff that establish reasonable likelihood of negligence by the defendant
volenti non fit injuria
a defence to negligence based on a voluntarily assumption of risk by the plaintiff
