Term
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Definition
| conduct that falls below the standard established by law for the protection of others against unreasonably risk of harm; not intentional and usually by accident |
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Term
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Definition
| violation of a statute that prohibits or requires a behavior in order to prevent harm to others; both duty of care and breach |
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Term
| Reasonable Person Standard |
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Definition
– most of the time, due care is the degree of care that a similarly situated reasonable person would use in a given situation
o Children, physical disability, mental disability, superior skill or knowledge, and emergencies |
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Term
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Definition
| not to injure intentionally |
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Definition
| to warn of known dangerous conditions licensees are unlikely to discover for themselves (Ex: meter reader) |
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Term
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Definition
| to exercise reasonable care to protect invitees against dangerous conditions possessor should know of, but invitees are unlikely to discover (this one is more extensive than the others) |
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Term
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Definition
| the defendant’s conduct was the actual cause of, or a substantial factor in causing, the injury |
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Term
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Definition
| an intervening act that relieves the defendant of liability (Ex: minor motor vehicle accident turns into a fatality due to the doctor making a mistake – other driver not liable for that death) |
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Term
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Definition
| damages are divided between the parties in proportion to their degree of negligence; complex circumstances |
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Term
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Definition
| plaintiff’s express consent to encounter a known danger |
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