Card Set Information

2012-07-16 13:14:49

Show Answers:

  1. Cause of action for neg
    Must have duty, breach/standard, causation, and damages
  2. Duty of Care?
    Generally, reasonable person - would reasonable person have forseen conduct might have created a risk that caused teh injury. 
  3. Breach?
    personal held to standard of prudent person under similar circumstances. So what would that person have reasoanbly done? Ex. Reasonable contractor would clean up after the day. 
  4. Causation
    Actual causation is but for. Proximate cause -- reasonably forseeable. 
  5. Intervening Cause and Proximate Cause
    Unforseeable, intervening event that is also a cause in fact may negate proximate cause. 
  6. Comparative negligence
    Injured party's negligence that contributed to injury. Doesn't bar recovery unless drunk and you caused more than 50% of accident, or if you are in the commission of a felony. Just reduces damages. 
  7. Breach of Contract Damages
    Recovered only for such losses as were reasonably contemplated by the parties at time K entered into. 
  8. Licensee
    One who enters onto land of another wiht permission for his own purposes or biz ones rathor than possessors benefit. Landlord or invitor must use reasoanble care in conducting activities in presence of licensee. 
  9. Assumption of risk
    Not a defense, factor in determining comparative neg attributed to the parties. Pltf voluntarily undertakes activity knowing of risk involved, then they assume the risk. 
  10. Doctrine of Respondent Superior
    Employer vicariously liable for tortious acts committed by employee within the scope of their employment relationship. Not liable for independent contractors. IC determined based on degree of control the principal exercises over manner in which worker performs. 
  11. Disclaiming liability
    marital community liable for all activities undertaken by either spouse on behalf of community. If living seperately, may avoid liabilkity if facts warrant. Can't disclaim liability for spouse's actions if not actually communicated to third party, an d third party doesnt agree to release the community liability. 
  12. Chattels
    owner has action for trespass to chattels for intentional interference with possession or iwth the physicial condition of it. But must show damage to the property. 
  13. Interspousal immunity?
    Abolished. Spouse can sue husband for damages.