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Business Law Ch. 8
Negligence & Strict Liability
12
Business
Undergraduate 1
03/23/2010

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Term
conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm.
Definition
Negligence
Term
degree of care that a reasonable person would exercise in a given situation.
Definition
Reasonable Person Standard
Term
except in special circumstances, no one is required to aid another in peril.
Definition
Duty to Act
Term
Children and those with a physical disability must conform to conduct of a reasonable person of like:
A. Age
B. Intelligence
C. Experience
D. All of the above
Definition
D. All of the above
Term
In an emergencies, the reasonable person standard applies, but the emergency is considered part of the ---
Definition
Circumstance
Term
permits the jury to infer both negligent conduct and causation.
Definition
Res Ipsa Loquitur
Term
no liability if defendant could not reasonably have anticipated injuring the plaintiff or a class of persons to which the plaintiff belongs.
Definition
Forseeability
Term
an intervening act that relieves the defendant of liability.
Definition
Superseding Cause
Term
failure of a plaintiff to exercise reasonable care for his own protection, which in a few States prevents the plaintiff from recovering anything.
Definition
Contributory Negligence
Term
damages are divided between the parties in proportion to their degree of negligence; applies in almost all States.
Definition
Comparative Negligence
Term
plaintiff's express consent to encounter a known danger, some states still act this as implied .
Definition
Assumption of Risk
Term
liability for nonintentional and nonnegligent conduct.
Definition
Strict Liability
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