Duty
never varies and is always reasonable
What is the duty of care?
hand formula
What is probability of harm X gravity of harm weighed against burden of precaution?
standard question to ask to assess cause in fact
steps to think about if there is proximate cause
What is consider all the foreseeable risks that made the conduct negligent and compare it to the harm that happened?
comparative fault at its core
What is when the pla is responsible for their share of negligence in direct proportion to the amount of blame they share?
duty to warn and make premises safe
What is a licensee?
how a minor breaches standard of care
What is when a minor is negligent compared to someone of his age/partake in a hazardous activity?
happens when it is indeterminate what would have happened but for the def's negligence
jury must decide must factually likely scenario and assess damages based on the harm that would have been done absent negliegnce and the harm actually done
intervening force that renders the tortious conduct not responsible for the harm done
What is a superseding cause?
What is a clear statement that explicitly says they are waiving negligence?
actor creates the risk of harm or voluntary assumes duty
What is one whose affirmative conduct creates risk of harm?
negligence per se
What is a statute that sets the standard of reasonable care where violating the statute is breached (if the type of harm meant to be prevented and class of person meant to be protected?
instances where it is indeterminate who caused the harm but it could have been either
alternative liability and multiple sufficient causes
liability imposed when a minor consumes alcohol and causes harm
What is the person who consumed the alcohol unless the sale was to the person who caused the harm and that person was a minor or visibly intoxicated?
implied primary assumption of risk and the results
What is when a pla knowingly and voluntarily encounters an inherent risk and is thus barred from recovery unless the def increased or altered the risk
trespassers owed a duty of care
What is children through attractive nuissance doctrine and rescuers?
industry custom relevance
What is a factor to consider to set a standard but not determinative because common prudence is not reasonable prudence all the time?
circumstantial evidence use to determine cause in fact
What is when the negligent act was deemed wrongful because that act increased the chances that a particular type of accident would occur, and a mishap of that very sort did happen so cause in fact is met
eggshell pla rule
what is the rule that deems the injury, and not the dormant condition, the proximate cause of the 𝜋’s harm.
secondary assumption of risk
pla knowingly and voluntarily encounters and appreciates a risk made by the def so they are held comparatively at fault
doctor's duty standard and duties owed
What is informed consent (all reasonable alternatives with outcomes) under a national standard?
appropriate times for circumstantial evidence
premises liability length of time and when inference provides/evidence is not available to pla because def had sole control and event would not happen without negligence
instances where more than one person was or may have been the cause in fact
What is joint and severl liability and multiple sufficient causes
malicious conduct that is not superceding
What is malicious conduct that was not foreseeable as a natural and probable consequence of the negligent conduct?
a waiver that violates public policy
Industry subject to public service that is of great importance (practical necessity), where the party holds power over the circumstances and bargaining power due to need for the service; non-conspicuousness of release – can never enforce a release for reckless or gross negligence