Negligence: Duty (Ch. 4) Flashcards Preview

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Flashcards in Negligence: Duty (Ch. 4) Deck (21):
1

attractive nuisance

dangerous condition on the defendant's property that is likely to induce children to trespass

2

business invitee

One who enters the land for a purpose connected with the business dealing of the possessor

3

duty

Legal obligation to act reasonably and that arises out of our relationship to others

4

family-purpose doctrine

Doctrine that makes the owner of a car liable for the tortious acts of family members committed while driving

5

Good Samaritan statutes

Law providing that anyone who provides medical assistance is not liable for damages arising from that assistance as long as care is provided in good faith and does not constitute gross negligence

6

invitees

Persons invited by possessor of land onto her property for the purpose of conducting business

7

licensee

person who has possessor's consent to be present on land

8

negligence

Conduct that creates an unreasonable risk of harm to another

9

Professional Rescuer doctrine

Limits or bars the liability of tortfeasors to professional rescuers such as police officers and firefighters who sustained injuries as a result of ordinary negligence

10

public invitee

One who enters the land for the purpose for which the land is held open to the public

11

rescue doctrine

Doctrine under which anyone who negligently causes harm to a person or property may be liable to one who is injured in an effort to rescue the imperiled person or property

12

respondeat superior doctrine

Doctrine that makes an employer liable for the tortious acts of employees committed in the scope of their employment

13

vicarious liability

Liability for the tortious acts of others

14

What are the four exceptions to the No Duty rule for a trespasser?

-Attractive nuisance
-Rescuers
-Known Trespassers
-Limited Trespass

15

What duty of care does the possessor of land owe to a Trespasser, Licensee, and Invitee?

-Trespasser: No duty to make land safe (4 exceptions)
-Licensee: Duty to warn known danger (no inspection)
-Invitee: Duty to inspect for hidden dangers and warn

16

Name 5 Special Relationships that may create duty of care?

Parent/child
Husband/Wife
Teacher/student
Jailor/Prisoner
Common Carrier/Passenger
Employer/Employee
University/Student
Possessor of Land/Licensee/Invitee
Innkeeper/Guest
Rescuer/Victim

17

Name the Defendant's relationships w/ 3rd party creating duty of care to Plaintiff

Attorney/Client
Doctor/Patient
Guardian/Mentally Ill Patient
Tavern Owner/Intoxicated Patron
Car Owner/Intoxicated Driver

18

What are the 4 elements of negligence?

Duty of care, breach of duty, causation, damages

19

What elements of negligence are questions of fact?

Breach of Duty, Causation, and Damages

20

Duty of care: this is a question of _______, which is decided by ______

law, judge

21

Defense of Consent: Victim must be ______ of giving consent and consent must be _______

capable, voluntary