Negligence:
Duty & Breach
Duty & Breach
This is the specialized duty of care a landowner owes to an unknown trespasser.
What is No Duty?
This legal principle allows the defendant to present evidence of the plaintiff's own negligence.
What is Comparative Negligence?
Defendant commits harmful or offensive contact with the plaintiff's person.
What is a battery?
This doctrine allows a statue to take the place of the typical standard of care.
What is negligence per se?
This common law rule requires that the defendant takes the plaintiff as she finds them--no matter how fragile.
What is the Eggshell plaintiff rule?
Assault is when the defendant places plaintiff in a ________ _________ of an immediate battery.
What is a reasonable apprehension?
This doctrine with a Latin name is used to satisfy the Breach Element. C'mon judge--the accident speaks for itself!
These are the three things that make up proximate cause according to Professor Schwartz.
What are: foreseeable plaintiff; foreseeable type of harm; and no superseding forces.
Defendant interferes with plaintiff's personal property causing significant harm
What is Conversion? Note that the difference btwn conversion and trespass to chattel is the degree of harm to plaintiff's property.