Duty, breach, causation, damages, strict liability, defamation, and defenses in a first-year course.
45 cards · basic cards · AI-written, checked twice. Edit anything.
- What is the primary element required to establish a negligence claim?
Show answer
The defendant owed a duty of care to the plaintiff.- In what situation might a defendant have no legal duty to rescue a stranger in danger?
Show answer
Generally, there is no duty to rescue a stranger absent a special relationship or prior conduct creating the danger.- How do courts determine whether a duty exists in a negligence case?
Show answer
By analyzing whether the defendant could reasonably foresee harm to the plaintiff or a foreseeable class of persons.- In premises liability, what duty does a property owner owe to an invitee?
Show answer
A duty to maintain the premises in a reasonably safe condition and warn of hidden dangers.- What is a special relationship that creates an affirmative duty to protect or rescue?
Show answer
Relationships such as parent-child, innkeeper-guest, or common carrier-passenger.- What duty does a defendant owe to a trespasser on their property?
Show answer
Generally no duty, except the duty to warn of or refrain from willfully injuring trespassers.- Can a defendant's contractual obligation create a duty of care in tort?
Show answer
Yes, a contractual duty can establish the existence of a tort duty between the parties.- What does negligence per se mean?
Show answer
Violation of a statute or regulation enacted to protect against the type of harm suffered, presuming breach of duty.- What is res ipsa loquitur?
Show answer
The thing speaks for itself, a doctrine allowing breach to be inferred from the mere occurrence of an accident that would not normally happen without negligence.- What conditions must be met to invoke res ipsa loquitur?
Show answer
The accident must be of a type that does not occur without negligence, the cause must be within defendant's exclusive control, and the plaintiff must not have contributed to the injury.- Can custom or industry practice be used as a defense to breach?
Show answer
Yes, following custom may establish reasonable care, though custom alone does not eliminate breach if it falls below the reasonable person standard.- What is the role of a professional's standard of care?
Show answer
Professionals are held to the standard of a reasonable member of their profession, which is typically higher than the ordinary reasonable person.- Distinguish between actual cause and proximate cause.
Show answer
Actual cause is the factual link using the but-for test, proximate cause is the legal limit on liability based on foreseeability of harm.- What is proximate cause also known as?
Show answer
Legal cause or legal causation.- What is an intervening cause?
Show answer
An independent act or event that occurs after the defendant's negligent conduct and contributes to the plaintiff's injury.
FlashKeepers