Duty
Breach
Causation
Damages
Defenses
100

The default standard of care. 

What is reasonable person standard. 

100

Rule Statement for Breach

What is failure to comply with the relevant standard of care. 

100

Causation requires

What is Cause In-Fact and Proximate Cause 

100

Pecuniary Damages include

Property and personal injury

100

Not a defense to negligence.

What is Consent.

200

Abolishes entrance statuses for landowner duties. 

What is Rowland. 

200

Breach of Negligence per se

What is failure to comply with the applicable, unexcused statute 

200

Cause In-Fact used with multiple contributing factors

What is the substantial factor test 

200

Non-Pecuniary Damages Include

What is Pain and suffering, loss of enjoyment of life, loss of consortium

200

Complete bar to Plaintiff recovery.

What is contributory negligence.

300

Level of care owed to Invitees. 

What is Reasonable Care. 

300

An attempt to recover for negligence without concrete evidence. 

What is res ipsa loquitor

300

Holding multiple defendants jointly and severally liable. 

What is Alternative Causation 

300

True or False: Pecuniary Damages may include loss bonuses

What is true
300

Three types of comparative fault

What is pure fault, equal fault, greater fault. 

400

Excuses to Negligence Per Se. 

What is: the violation is reasonable due to actor's incapacity; the actor does not know, nor should know, of the occasion for compliance; the actor is confronted with an emergency not a result of his own conduct; after reasonable diligence, is unable to comply; risk of harm to others is greater with compliance. 

400

The Hand Formula.

What is B < PL

400

Rule Statement for Proximate Cause 

What is: A plaintiff must demonstrate the Defendant's conduct was the substantial and foreseeable result of the harm.

400

Hedonic Damages are for 

What is loss of well being 

400

Government action not protected by immunity.

What is ministerial function. 

500

Five balancing factors for child trespassers under the majority rule.

What is: Foreseeable a child will trespass; Owner knows or has reason to know of a condition and it is foreseeable it will involve an unreasonable risk of death or serious bodily harm; because of the age/experience of the child, does not discover or realize the harm; the utility of maintaining the condition is slight to its risk; landowner does not use reasonable care.

500

The Wigmore Test

What is: The accident must be of the kind that is not common without negligence; the harm is caused by an agency of instrumentality under exclusive control of the defendant; the plaintiff could not have voluntarily contributed to the harm. 

500

Superceding Intervening Factors

Fire, voluntary intoxication, suicide. 

500

Punitive Damage Ratio

What is 4:1
500

Parents remain immunity for

What is: Exercises of parental authority over the child; Exercises of ordinary parental discretion with respect to the provision of food, clothing, housing, medical, and dental services, and other care.

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