Term
| What are the two steps in determining a breach of duty? |
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Definition
1. Determine the standard of care to be used
2. Evaluate defendant's conduct in light of that standard. |
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Term
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Definition
| What a reasonable person would have done under similar circumstances. |
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Term
| What is the Learned Hand Formula? |
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Definition
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Term
| What does the P stand for in the Learned Hand Formula? |
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Definition
| Probability that harm would occur as a result of defendant's conduct. |
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Term
| What does the L stand for in the Learned Hand Formula? |
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Definition
| The gravity of potential harm. |
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Term
| What does the B stand for in the Learned Hand Formula? |
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Definition
| The burden of precautions that would have to be born by by the defendant to avoid the possible risk. |
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Term
| What are the elements of Res Ipsa Loquitur? (Race ip-su-lock-it-er) |
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Definition
| 1.An accident occurs which does not normally happen in the absence of negligence, 2. the source of the negligence which must have occurred is in the exclusive control of the defendant, and 3. the plaintiff did not cause his own injuries. |
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Term
| Automobile-guest statutes: |
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Definition
| Laws holding a driver of a vehicle liable to a guest in his car only under circumstances of extreme misconduct. |
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Term
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Definition
| Failure to conform to the standard of care. |
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Term
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Definition
| Comparison of a defendant's conduct to that of a reasonable person. |
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Term
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Definition
| Use of the defendant's own subjective perceptions to determine whether the defendant behaved reasonably. |
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