Chapter 7 - Negligence And Strict Liability Flashcards
(15 cards)
Business invitee
Those people such as customers or clients who are invited onto business premises by the owner of those premises for business purposes
Assumption of risk
A defense against negligence that can be used when the plaintive is aware of a danger and voluntarily assumes the risk of injury from that danger
Causation in fact
An act or omission without (“but for”) which an event would not have occurred.
Comparative negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis for which persons proportionate negligence.
Contributory Negligence
A theory in tort law under which a complaining party’s own negligence contributed to or created his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions
Dram Shop Act
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public for injuries resulting from accidents caused by intoxicated person when the sellers or servers alcoholic drinks contributed to the intoxication
Duty of care
The duty of all persons as established by tort law to exercise a reasonable amount of care in their dealings with others, failure to exercise due care, which is normally determined by the reasonable person standard constitutes the tort of negligence
Good Samaritan statute
A state statute that provides that persons who rescue or provide emergency services to others in peril-unless they do so recklessly, thus causing further harm-cannot be sued for negligence
Malpractice
Professional misconduct with a failure to exercise the requisite of skill as a professional. Negligence-the failure to exercise due care on the part of a professional, such as a physician or an attorney is commonly referred to as malpractice.
Negligence
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
Negligence per se
An act (or failure to act) in-violation of statutory requirement
Proximate cause
Legal case exist when the connection between an act and an injury is strong enough to justify imposing liability
Reasonable person standard
The standard of behavior expected of a hypothetical reasonable person standard against which negligence is measured and that must be observed to avoid liability for negligence.
Res ipsa Loquitur
A doctoring under which negligence may be interfered simply because an event occurred, if it is the type of event that wouldn’t not occur in the absence of negligence literally the term means the facts speak for themselves
Strict liability
Liability regardless of fault. Tort law strict liability may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products.
