Term
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Definition
- Tortfeasor inteded consequences of act
- Tortfeasor knew with substantial certainty that certain consequences would result
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Term
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Definition
| Tortfeasor does not intend the consequences of the act or believes they will occur |
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Term
| What four factors constitute Negligence? |
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Definition
Duty
Breach
Causation
Damages |
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Term
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Definition
| A risk in which a reasonable person would anticipate a guard against it |
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Term
| What standard is used to determine whether duty exists? |
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Definition
| Reasonable Person Standard |
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Term
Even though a Tortfeasor owes a duty of care and breaches the duty of care, the act must have ______ the Plaintiff’s injuries. |
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Definition
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Term
causal connection between the act and injury is strong enough to impose liability. |
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Definition
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Term
| How can a plaintiff recover damages? |
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Definition
| showing legally recognizable injury |
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Term
| What are the defences to negligence? |
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Definition
Assumption of Risk
Superceding Intervening Cause
Contributory or Comparative Negligence |
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Term
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Definition
- Plaintiff has adequate notice and understanding of risks associated with the activity
- knowingly and willing engages in act
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Term
| What are two ways in which the Assumption of Risk can occur? |
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Definition
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Term
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Definition
| unforseeable, intervening act that occurs after defendant's act that breaks the causal relationship between Defendan'ts act and Plaintiff's injury relieving defendant of liability |
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Term
| Res Ipsa Loquitor Negligence |
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Definition
| Facts and circumstances create presumption of negligence by defendant; burden of proof shifts to defendant to show that he was not negligent |
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Term
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Definition
| Defendant violates statute that causes injury to plaintiff |
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Term
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Definition
| Plaintiff caused his injury and is barred from recovery |
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Term
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Definition
- one cannot recover from another for injuries caused to oneself
- computes liabilities of plaintiff and defendant and apportions damages
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Term
| Pure Comparative Negligence |
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Definition
| Allows plaintiff to recover even if his liability is greater than that of defendant |
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Term
| Modified Comparative Negligence |
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Definition
| percent of damages plaintiff causes herself are subtracted from the total award |
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Term
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Definition
| liability based on abnormally dangerous activities; disregards fault, foreseeability, standard of care, causation |
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Term
| What are the three types of product defects? |
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Definition
Manufacturing
Design
Warning |
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Term
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Definition
| departs from its intended design even though all possible care was exercised in the preparation and marketing of the product |
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Term
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Definition
| foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative . . . and the omission of the alternative design renders the product not reasonably safe |
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Term
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Definition
| Liability based on foreseeability that proper instructions/labels would have made the product safe to use |
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Term
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Definition
| Plaintiff must show that Defendant both breached a duty to warn and that the failure to warn was the proximate cause of the Plaintiff’s injuries |
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