Business Law.txt

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Business Law.txt
2010-04-18 23:56:54
Business Law

Business Law Chapter 7 Flashcards
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  1. Assumption of Risk 
    A defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger.
  2. Business Invitee
    Those people, such as customers or clients, who are invited onto business premises by the owners of those premises for business purposes.
  3. Causation in Fact
    An act or omission without ("but for") which an event would not have occured
  4. Comparative Negligence
    A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence
  5. Contributory Negligence
    A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions (all or nothing).
  6. Dram Shop Act
    A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caued by intoxicated persons when the sellers or servers of alcholic drinks contributed to the intoxication.
  7. Duty of Care
    The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the "reasonable person standard," constitutes the tort of negligence
  8. Good Samaritan Statute
    A state statute that provides that persons who rescue or provide emergency services to others in peril- unless they do so recklessly, thus causing further harm-cannot be sued for negligence
  9. Malpractice
    Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligence-the failure to exercise due care-on the part of a professional, such as a physician or an attorney, is commonly referred to as malpractice
  10. Negligence
    The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
  11. Negligence Per Se
    An act (or failure to act) in violation of a statutory requirement
  12. Proximate Cause
    Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability
  13. Reasonable Person Standard
    The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence
  14. Res Ipsa Loquitur
    A doctrine under which negligence may be inferred simply because an event occured, if it is the type of event that would not occur in the absence of negligence. Leterally, the term means "the facts speak for themselves"
  15. Strict Liability
    Liability regardles of fault. In tort law, involving abnormally dangerous activities, dangerous animals, or defective products.