Chapter 7 Vocab.
-Negligence & Strict Liability-
Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
Res Ipsa Loquitur
Is a doctrine of tort law holding that the facts may imply negligence when the defendant had exclusive control of the thing that caused the harm, the accident would not normally have occurred without negligence, and the plaintiff played no role in causing the injury.
Is a rule of tort law that permits a plaintiff to recover even when the defendant can show that the plaintiff’s own conduct contributed in some way to her harm.
Is a rule of tort law that permits a negligent defendant to escape liability if she can demonstrate that the plaintiff’s own conduct contributed in any way to the plaintiff’s harm.
Make businesses liable for serving drinks to intoxicated customers who later cause harm.
Someone who has the right to be on property, such as a customer in a shop.
Is a person who is on the property of another for her own purposes, but with the owner’s permission. A social guest is a typical licensee.
Negligence per se
Violation of a standard of care set by statute. Driving while intoxicated is illegal; thus, if a drunk driver injures a pedestrian, he has committed negligence per se.
Is a tort doctrine holding to a very high standard all those who engage in ultrahazardous activity (e.g., using explosives) or who manufacture certain products.
Is an event that interrupts the chain of causation and relieves a defendant from liability based on her own act.
Anyone on a property without consent.
Is conduct that is lawful yet unusual and much more likely to cause injury than normal commercial activity.
What would you like to do?
Home > Flashcards > Print Preview