Flashcards in Negligence Deck (12)
Elements of Negligence?
Breach (of that duty)
Duty means . . . (in Schechter's words)
The obligation to take risk reducing precautions
To whom is the duty to take risk reducing precautions owed?
In negligence, an unforeseeable victim . . .
To determine who is a foreseeable victim, look at facts relating to ___.
Describe the rescuer exception to the duty of care?
Rescuers are always owed a duty of care and are always foreseeable.
How much care is owed under the negligence framework? i.e., what is the standard?
Care must be exercised as would be exercised by a REASONABLY PRUDENT PERSON UNDER SIMILAR CIRCUMSTANCES.
The reasonably prudent person standard is a(n) ______ standard, meaning we make no allowances for defendant's particular ______.
Will the reasonably prudent person standard adjust for someone who is mentally disabled?
No. Inflexible standard.
The reasonably prudent person standard is an _____ standard.
What are the only two situations in which the reasonably prudent person standard is adjusted?
D has special or superior skill/knowledge
D has some unique, but RELEVANT physical characteristics