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Unintentional torts(negligence)
econ
13
Accounting
Undergraduate 4
03/02/2011

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Cards

Term
unintentional tort
Definition
a person is liable for harm that is a foreseeable consequence of his or her actions
Term
Elements of negligence
Definition
1.Duty of care
2.breach of duty
3.plantiff suffered injuries
4.defendents act was actual cause
Term
Proximate cause
Definition
Limitation on liability
Term
Special Negligence doctrines
-Proffesional Malpractice
Definition
-owe a duty of ordinary care and responsible profession standard
Term
negligence per se
Definition
duties owed by one person to another, establish by statutes
Term
statutes
Definition
state laws
Term
Res ipsa loquitur
Definition
defendent must prove that he was not negligent
Term
Dram Shop acts
Definition
makes bar tenders and tavorns liable for injurys cause to people who are served to much alchol
Term
Guest Statutes
Definition
Hichhicker you are not liable if you act negligent
Term
Firemens rule
Definition
cannot be held liable for any injuries sustained when putting out the fire to the person who caused the fire
Term
Liability of landowners
Definition
invitees- person ho invited onto property
Licenses- person who enters on premises with consent of owner owner owe a duty of ordinary car and are liable for their negligence.
Term
contributory negligence
Definition
a plantiff who is partially at fault for his or her own negligence cannot receive any damages.
Last CLEAR CHANCE RULE the defendant has the duty to avoid the accident if at all possible
Term
Comparative negligence
Definition
plantiff 20% percent defendent 80% percent= 80000 if plantiff is under 50%
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