Shared Flashcard Set

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Business Law
Torts
13
Law
Undergraduate 3
10/20/2010

Additional Law Flashcards

 


 

Cards

Term
Contract Law
Definition
to spell out the rights and duties springing from private agreements between individuals and to compensate other part for the loss resulting in the breech of contract
Term
Interest and Duty
Definition
Common to ALL torts- where plaintiff has an interest that is sufficiently important for the law to furnish protection and that correspondingly in a civilized society the defendant has a duty that was breached.
Term
Negligence
Definition
To oversimplify is carelessness
Term

 

Negligence- Elements #2

 

Definition
That the defendant BREACHED that duty of due care
Term

Negligence- Elements #3

Definition
The defendant's breach PROXIMATELY caused the injury
Term

Negligence- Elements #4

Definition
That is the plaintiff suffered injury
Term

Negligence- Factors#1

Definition
The foreseebility of harm to the plaintiff
Term

Negligence- Factors #2

Definition
The degree of certainty that the plaintiff suffered injury
Term

Negligence- Factor#3

Definition
The closeness of the connection between the defendant's conduct and the injury suffered
Term

Negligence- Factors#4

Definition
The moral blame attached to the defendant's conduct
Term

Negligence- Factors#5

Definition
The policy of preventing future harm
Term
Trespasser
Definition
One who enters the land with no right to do so
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