Duty
This is the common law definition of The Reasonable Person Standard.
What is "act[ing] as would a reasonably prudent person in the same or similar circumstances?"
This occurs when an actor has a duty to act and fails to adhere to the requisite standard of care.
What is a breach?
To prove a breach of duty, the plaintiff must prove these two elements by a preponderance of the evidence.
Pecuniary and non-pecuniary are types of these tortious damages.
What are compensatory damages?
This type of disability is not given its own special standard.
What are mental disabilities?
The Cordas case, involving a taxi driver, asks this question of the Reasonable Person Standard.
What is "what a reasonably prudent person would do in such emergency circumstances?"
A landowner breaches his/her landowner duty when this type of entrant is not warned of open and obvious danger if distracted or a long time has lapsed.
What is an invitee?
These two tests are generally used to prove factual causation.
What are the but-for causation test and the substantial factor test?
Personal and property damages are remedied by these types of damages.
What are pecuniary damages?
What case involved a hallucination, a car accident, and the Reasonable Person Standard?
What is Breunig?
What is "was the person harmed within the class of people the statute protects?"
"The thing speaks for itself" is the English translation of this Latin phrase.
What is Res Ipsa Loquitor?
These factors is considered when the line between a plaintiff's harm and the defendant's conduct is unclear.
What are intervening factors?
Pain and suffering, loss of enjoyment of life, loss of consortium are remedied by these damages.
What are non-pecuniary damages?
When having special knowledge, experience, training, and skills, you are held to this.
What is a higher standard of care.
A doctor is medically negligent when his conduct does this.
What is "falls below what is good and customary" within the field?
This test is used when all evidence is destroyed and the witness are not cooperating.
What is the Wigmore Test?
This case involves foreseeability, fireworks, and a train.
What is Palsgraf?
A defendant is ___ negligent when he/she is barred from all recovery.
What is "contributorily?"
This case involved feet, a doctor, and an expert witness testimony.
What is Melville?
These are the 7 special relationships recognized in Tort Common Law.
What are (1) common carriers and passengers, (2) innkeepers and guests, (3) businesses open to the public and people lawfully there, (4) employers and employees, (5) schools and students, (6) landlords and tenants, and (7) custodians and those in custody?
This case involves doctors, multiple instrumentalities, and res ipsa loquitor.
What is Ybarra?
What is a judge's foreseeable zone of risk a jury's specific foreseeability?
This type of comparative fault bars a plaintiff from recovery if he/she is of equal or more fault.
What is the equal fault bar?
These are the three Dillon Factors.
What is (1) whether the P was located near the scene of the accident, (2) whether the shock resulted from a direct emotional impact upon plaintiff from the sensory or contemporaneous observance of the accident, and (3) whether the P and the victim were closely related?