Flashcards
Torts Unit 2
Cards in this deck (23)
- 1NegligenceDuty
Breach
Causation
Harm - 2DutyReasonably Prudent Person
- 3BreachFailure to Act as a Reasonably Prudent Person
- 4Causationa. Cause in Fact
“But For” Test
Substantial Factor
b. Proximate Cause
Same Type of Harm?
Extent of Harm?
Superseding Intervening Causes? - 5Common Standard of CareDefendant must act as would a reasonably prudent person in the same or similar circumstances
- 6Definition of negligenceNegligence is a failure to take reasonable care to avoid causing injury or loss to another person
- 7Emergency DoctrineStandard of a reasonable person whose judgment is diminished by the circumstance of emergency
- 8EmergencyA sudden, unexpected and unforeseen happening or condition that calls for immediate action, and that was not created by the party asserting the emergency.
- 9Courts will often require the party seeking the emergency instruction to show:That he did not create the emergency through his own negligence,
That the danger was so imminent as to leave no time for deliberation, AND
That the party’s perception of the danger was reasonable. - 10How do you identify a Reasonably Prudent Person (RPP)?Impossible to nail down.
ex: Randall
What would Randall do? - 11Standards of Care(1) Recognize risks or dangers a reasonable person would recognize
AND
(2) Act in a way to minimize those risks as a reasonable and prudent person would act - 12EmergencyA sudden, unexpected and unforeseen happening or condition that calls for immediate action, and that was not created by the party asserting the emergency.
- 13The Risk CalculusHow the jury decides whether a defendant has breached its duty of care
- 14All behavior has some____________ attached to itdegree of risk
- 15The RPP in Particular CircumstancesEmergency
Physical Conditions
Mental Conditions
Superior Skills or Knowledge - 16Courts will often require the party seeking the emergency instruction to show:That he did not create the emergency through his own negligence,
That the danger was so imminent as to leave no time for deliberation, AND
That the party’s perception of the danger was reasonable. - 17Defendant’s own physical qualities are generally taken into account because ___________ and ____________Easily measured
Perceived as tangible - 18Superior Skills or KnowledgeWhere an individual has a certain superior knowledge or skill in a certain area, the law expects that person to use it to benefit others
- 19Negligence Per SeWhether the statute was designed to protect against the type of harm suffered by the plaintiff, and
Whether the class of persons designed to be protected by the statute includes the plaintiff - 20Plaintiff’s jobTo provide sufficient evidence for a jury to find that defendant, more likely than not, failed to act reasonably
- 21How Does a Plaintiff Prove Breach?Direct Evidence
From personal knowledge or observation
Circumstantial Evidence
Proof that requires the drawing of an inference from other facts in order to have probative value - 22Res Ipsa Loquitur“the thing speaks for itself”
Conditions Required:
An accident that normally does not occur in the absence of negligence,
The exclusive control of the instrumentality by the defendant, AND
The absence of voluntary action or contribution by the plaintiff - 23—
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- Flashcards on Torts Unit 2, created by bunny girl on 13/03/2019.
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- bunny girl
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