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  1. What is a tortfeasor?
    someone who commits a tort
  2. What is negligence?
    no intention of consequences, but creation of risk of foreseeable injury
  3. Briefly describe the chain of questions used to determine liability.
    • duty of care (reasonable person)?
    • duty of care breached (reasonable person)?
    • injury?
    • link of cause? (causation of fact)
    • foreseeable? (proximate cause)
  4. What is a duty of care?
    degree of care expected of a reasonable person in similar circumstances
  5. What affects the reasonable person standard?
    • age
    • physical disability
    • superior skill or knowledge
    • emergencies

    mental deficiency does NOT affect the reasonable person standard
  6. How do emergencies differ from other situations in regards to liability and negligence?
    only liable for gross (=extreme) negligence, when trying to help in an emergency
  7. What is the duty to act?
    legal obligation to avoid doing harm to others or putting them in unreasonable risk of harm
  8. When does someone have a legal obligation to aid another in peril?
    relationship creates obligation (eg. parent/child)

    person placed the other in harm's way intentionally or negligently
  9. What is res ipsa loquitur?
    latin for "the thing speaks for itself"

    = presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened

    = because the facts are so obvious, a party need explain no more

    = anyone involved is liable, if liability cannot be pinpointed
  10. What is a dram shop act?
    makes seller/server of alcoholic drinks to obviously intoxicated strictly liable to anyone injured by the drunken person
  11. Which duties does a possessor of land have?
    protect others of dangerous conditions that they are unlikely to discover, but owner should reasonably know about

    • duty to trespassers
    • duty to licensees (social guests)
    • duty to invitees (customers, clients etc.)
  12. What can an owner of land do to ensure duty of care?
    inspect the land (reasonably), then if hazard/attractive nuisance is found:

    • - remove hazard
    • - barricade hazard
    • - warn of hazard
  13. What is causation in fact?
    conduct was actual cause of, or a substantial factor in causing the injury

    based on logical connection

    would the injury have occurred anyway?
  14. What is an attractive nuisance?
    sth attached to the property attracts children (swing set, swimming pool...)
  15. What is proximate cause?
    negligence caused harm, but harm was not reasonably foreseeable

    limits a defendant's liability to foreseeable consequences
Card Set
Review questions for Business Law and the Regulation of Business, 10th edition, Mann&Roberts, chapter 8
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