FUCKING TORTS

Card Set Information

Author:
Anonymous
ID:
54313
Filename:
FUCKING TORTS
Updated:
2010-12-08 11:07:36
Tags:
TORT FUCKS
Folders:

Description:
TORTS FUCK
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  1. NEGLIGENCE
    • the failure to exercise reasonable care under the circumstances which results in injury to person or property. There are 4 elements that must satisfied to prove negligence: (1) duty, (2) breach, (3) causation which
    • included cause-in-fact and proximate and (4) damages.
  2. duty
    A legal responsibility to exercise due care of a reasonable prudent person under the circumstances.

    Here the jurisdiction is that of a ____________ which:

    Area of Apprehension

    Global Duty
  3. Negligence per se
    Negligence per se is a method of satisfying the elements of duty and breach by applying a statute or code.


    Here, the court is likely to find the statute in question was designed/ enacted to:________

    Negligence per se can be used if the following two requirements are met: (1) the defendant is within the class of people intended to be protected by the statute and (2) the specific injury the defendant suffers was intended to be prevented by the statute.

    Here,

    Thus, the statute does/does not satisfy both requirements.

    Here, the jurisdiction for negligence by statute is _________.

    Thus, may/may not be successful in providing a defense to negligence per se... proving negligence per se.
  4. Negligence per se
    Statutory violation deemed negligent on its face and as a matter of law; conclusive presumption of duty and breach
  5. Evidence of negligence
    • When violation of a statute occurs, negligence per se is presumed and considered to be a prima facie case of negligence but this
    • presumption is rebuttable.

    **excuse applies then default to common law

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