Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/13

Click to flip

13 Cards in this Set

  • Front
  • Back
five elements of negligence
-duty of due care
-breach
-factual causation
-foreseeable type of harm
-injury
Duty
if the defendant could forsee that misconduct would injure a particular person, he probably has a duty to him/her
Factual Cause
if one event physically led to the ultimate harm, it is the factual cause
Breach of Duty
The defendant breaches their Duty of Care by failing to act as a “reasonable person” would under similar circumstances
Negligent Hiring
A company could be liable for the actions of an employee if it “knew or should have known” of an employee’s potential harm.
Res Ipsa Loquitur
When the facts imply that the defendant’s negligence caused the accident.
--“the thing speaks for itself”
Contributory Negligence
If the plaintiff is found to also be negligent, then the plaintiff gets nothing
Comparative Negligence
Plaintiff can still recover damages even if they are also negligent
Assumption of Risk
A person who voluntarily enters a situation that has an obvious danger cannot complain if they are injured.
Ultrahazardous Activity
Something that involves a risk of serious harm that cannot be eliminated no matter how much care is used.
Strict Liability
prohibits defective products whether the defendant acted reasonably or not
Negligence
concerns unreasonable conduct by the defendant
Statute of Limitations in VA
2 years