Chapter 7 Vocab. -Negligence & Strict Liability-

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Chapter 7 Vocab. -Negligence & Strict Liability-
2012-01-16 12:58:25
Business Law Legal Environment Chapter Vocab

Business Law and the Legal Environment, Standard Edition, 5th Edition By:Jeffrey F. Beatty, Susan S. Samuelson ISBN-10: 0324663528
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  1. 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.
  2. Comparative Negligence
    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.
  3. Contributory Negligence
    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.
  4. Dram Acts
    Make businesses liable for serving drinks to intoxicated customers who later cause harm.
  5. Invitee
    Someone who has the right to be on property, such as a customer in a shop.
  6. Licensee
    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.
  7. 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.
  8. Strict Liability
    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.
  9. Superseding Cause
    Is an event that interrupts the chain of causation and relieves a defendant from liability based on her own act.
  10. Trespasser
    Anyone on a property without consent.
  11. Ultrahazardous Activity
    Is conduct that is lawful yet unusual and much more likely to cause injury than normal commercial activity.