Torts

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Author:
pbazemore
ID:
114244
Filename:
Torts
Updated:
2011-11-08 19:58:04
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torts
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torts
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  1. What are the two types of Causation
    • 1) Factual
    • 2) Proximate
  2. Factual causation is:
    • -An inquiry into what actually occurred.
    • - The cause in fact
    • - The but for.
  3. Proximate causation is:
    -Foreseeability
  4. FACT

    Factual causation exists if two or more cases concur in bringing about harm , and either one alone would have been sufficient to cause the result.
    Fact
  5. Three types of factual causation tests
    • 1) But for test
    • 2) Independently sufficient test
    • 3) Otherwise substantial test
  6. Fact

    -A plaintiff is not required to iestablish causation in fact with absolute certainty; it is sufficient to show that the D was more likely than not the cause.

    FACT
  7. How does a jury determine whether a given act more likely than not caused a given injury
    the jusrt
  8. Legal causation is:
    The combination of factual and proximate cause. THE ONLY WAY TO BE PROVEN TO BE THE LEGALLY CAUSE.
  9. What is the factual causation majority rule.
    There must be a preponderance of evidence.
  10. What is the factual causation minority rule.
    Evidence of causation must be above a 50% chance.
  11. FACT

    -Shifts the burden of proving factual causation to the defendants.
    FACT
  12. FACT

    - Workers comp does not bar against employer claims for intentional torts.
  13. Examples of Vicarious Liability
    • 1) Employer Employee Relationship
    • 2) Partners and Joint Venturers
    • 3) owners of dangerous instrumentalities
  14. What is another name for employee employer relationship?
    Respondeat Superior
  15. What is contributory negligence
    Unreasonable conduct on the part of P which is a factual and proximate cause of p's harm
  16. What is imputed contributory negligence
  17. what is the doctrine of Last Clear Chance
    • 1) Limits the harshness of the contributory negligence
    • 2) negligence of P will not bar recovery, by the exercise of ordinary care, had had the last chance to avoid the accident
    • EX:D had sufficient time to avoid the accident.
  18. FACT

    -Contributory negligence has replaced contributory negligence and last chance in almost all jurisdictions.
  19. What are the types of systems of comparative Negligence?

    • 1) Modified: P can recover if D,D1,D2 percentage is greater than P's %
    • - Less than any defendant


    2) Pure: You just look at the percentage of fault.
  20. What is comparative Fault?
    Comparing somebody's act of negligence
  21. What is the difference between comparative negligence and assumption of the risk?
    Pure assumption of risk consists of voluntary consent to encounter a known risk while pure contributory negligence consists of failure to exercise reasonable care in self-protection.
  22. what are the 3 categories of assumption of risk.
    • Express assumption of risk.
    • Primary implied assumption of risk.
    • (Primary n Express) still fully bars liability.
    • secondary implied assumption of risk.
  23. Fact

    An express assumption of risk does not have to be in writing.
  24. Types of express assumptions of risk are:
    • Exculpatory Clause in Contract
    • Wavier of liability
    • Release of Liability
    • Waiver and Release
    • Disclaimers
  25. Primary Implied assumption of the risk
    • - Risk is necessary for activity to occur.
    • -

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