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MGMT 466
Chapter 7 - Negligence and Strict Liability
17
Management
Undergraduate 4
06/09/2009

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Cards

Term
Negligence, 4 elements
Definition
Not intentional. Actor's conduct merely creates a foreseeable risk of harm Actor fails to live up to a required duty of care. 1.) Actor owes a duty of care to P. 2.) D breaches that duty. 3.) D's breach causes P's injury. 4.) P suffers a legally recognizable injury. (Duty, Breach, Causation, Damages)
Term
Duty of landowners. 3 levels of "guests"
Definition
1.) Invitees (customers in store): landowner must exercise reasonable care to protect invitees from harm. Liable for: a.) foreseeable risks the owner knew about. b.) risks the owner should have known about.// 2.) Licensees (social guests): must warn of dangers owner knows about.// 3.) Trespassers: can't willfully injure them unless protecting property/people.
Term
Duty of professionals (negligence)
Definition
Professionals aren't held to the reasonable person standard, they're held to the reasonable doctor/lawyer/etc standard.
Term
Causation, two types
Definition
These two MUST exist. Causation in fact, proximate cause.
Term
causation in fact
Definition
"But for" test: but for the breach of duty, the injury wouldn't have occurred. The facts MUST show connection between breech and harm. Burden is "by preponderance of evidence."
Term
proximate cause
Definition
The causal connection between an act and an injury must be strong enough to justify imposing liability! Foreseeability: the test for proximate cause. If the harm was unforeseeable, no proximate cause.
Term
Defenses to negligence
Definition
1.) Assumption of risk (a. knowledge of risk, b. voluntary assumption of risk).// 2.) Superseding Intervening force (biker hits person, while person is injured on ground a plane crashes and burns her. biker not liable for plane, cuz it was unforeseeable).// 3.) Contributory negligence (P is also negligent).// 4.) Comparative negligence (P's %age negligence reduces recovery).
Term
Contributory Negligence (some states... not TX)
Definition
If P is also negligent, then plaintiff has breached a duty and does not recover anything.
Term
Comparative Negligence (TX), two types
Definition
Judge/jury determines P's and D's negligence %age and the liability for damages is assessed formally. (1. Pure Form, 2.) 50% Rule).
Term
Pure Form Comparative Negligence
Definition
P recovers damages to extent of D's negligence (no matter how big or small %age is)
Term
50% Rule Comparative Negligence (TX)
Definition
If P's negligence >50%, P recovers nothing.
Term
Res Ipsa Loquitur
Definition
law infers that defendant was negligent and the burden of proof shifts to defendant to prove he wasn't. Only applies when event is one that usually doesn't occur in the absence of negligence. P cannot have any voluntary action or contribution.
Term
Negligence Per Se
Definition
May occur if person violates a statute providing for a criminal penalty and causes another to be injured.
Term
pg 49? read?
Definition
yeah, prolly.
Term
Strict Liability
Definition
liability w/o fault.
Term
abnormally dangerous activities
Definition
1.) activity involves potential harm, of a serious nature, to persons or property. 2.) activity involves high degree of risk that can't be completely guarded against by the exercise of reasonable care. 3.) activity is not commonly performed in the community or area.
Term
applications of strict liability
Definition
Keeping wild animals. Keeping domestic animals (only if you know or should know the animal is dangerous). Products liability. Sexual harassment (sexual favors in exchange for promotion).
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