Show:
Elements
Duty
Custom
Exceptions
Policy
100
what are the elements of negligence lol pls get this rite.
Duty Breach Causation Damages
100
whats the child standard
a child must exercise the degree of care that a reasonable child of like age, intelligence, and experience would exercise under the same circumstances
100
what is the locality rule?
courts turned to determine medical custom was the locality in which the D practiced, or one similar to it
100
child standard?
a __ must exercise the degree of care that a reasonable child of like age, intelligence, and experience would exercise under the same circumstances
100
what is an exculpatory clause????????????//
pre-injury release of liability for personal injuries depends on the nature of the parties and their relationship to each other....some courts have held they are void as against public policy
200
what are the elements of battery
Act Intent Contact
200
what is the reasonable person standard
The amount of care that would be taken by a reasonably prudent person under the same or similar circumstances
200
what is the specil rule for docs/medical field?
compliance with professional custom is not just evidence of the standard of care, it IS the standard of care
200
what is an adult activity?
Driving a vehicle Skiing Skydiving Driving a boat Drinking alcohol
200
Why are children not held to the adult standard?
Niceeee.
300
what are the two types of comparative negligence? explain each
Pure - if you were 1% negligent, you can recover for 99% Modified - equal to or greater than D's negligence; greater than D's negligence
300
to whom do you owe a duty? this is so easy
Majority Rule - All people who are foreseeable victims of your failure to take precautions Minority Rule - To the world at large, regardless if the P is a foreseeable victim
300
what is prof H's rule with custome?/compliance?
Compliance with custom is a defense in those cases in which there are market transactions between contractual parties
300
what is "full privilege?" --- come on you know this
You have a right to do what you're doing and you can't be held liable
300
Give an example/fact pattern of an unforeseeable victim
Good job.
400
what is cause-in-fact? test for it
"but for"
400
what is the exception to the reasonable person standard with respect to a person with certain skills?
A person who holds herself out as a learned professional is required to possess and exercise the knowledge and skill of an ordinary member of the profession in good standing
400
what is non-compliance with custom????????????? you should know this
not evidence for negligence per se....it's just evidence.
400
Fact Pattern: You're driving and your tail lights are out after you had already checked them and they were working. Tail light out violates a statute, but you are excused and not negligent. WHY?
the actor neither knows nor should know of the factual circumstances that render the statute applicable
400
Why does the torts process impose a causation requirement? What policy objectives does it serve?
Nice answer!!!!!
500
what are elements of res ipsa loquitor
Accident causes P's harm Type of accident that ordinarily happens as result of negligence Class of actors of which the D is relevant member
500
what is a safety statute?
Deviation from IT without good cause is a wrong and the wrongdoer is responsible for the damages resulting from his wrong.
500
what is compliance with custom!!???! - hurry!
not evidence for negligence per se.....it's just evidence
500
What is any of these: (a) violation is reasonable in light of the actor's childhood, physical disability, or physical incapacition; (b) actor exercises reasonable care in attempting to comply with the statute; (c) the actor doesn't know nor should have known the factual circumstances that render the statute applicable; (d) the actor's violation of the statute is due to the confusing way in which the requirements of the statute are presented to the public; or (e) the actor's compliance with the statute would involve a greater risk of physical harm to the actor or to others than noncompliance
excuse?
500
Explain the difference between Cardozo(majority) and Andrews(minority) opinion and policy reasons in the Palsgraf case...
Yep