Term
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Definition
The word "intent" is used throughout the Restatement of this Subject to denote that the actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to result from it.
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Term
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Definition
| The word "consent" is used throughout the restatement of this subject to denote willingness in fact that an act or an invasion of an intent shall take place. |
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Term
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Definition
| The words "reasonably believes" are used throughout the restatement of this subjct to denote the fact that the actor believes that a given fact or combination of facts exists, and should know, are such as to cause a reasonable man to believe. |
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Term
| Reason to Know; Should Know |
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Definition
| The words "reason to know/should know" are used throughought the restatement of this subject to denote the fact that the actor has information from which a person of reaonsable intelligence or of the superior intelligence of the actor would infer that the fact in question exists, or that such person would govern his conduct upon the assumption that such fact exists |
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Term
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Definition
An actor is subject to liability to another for batter if
a. he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact, and
b. a harmful contact with the person of the other directly or indirectly results |
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Term
| What Constitutes Bodily Harm |
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Definition
| Bodily harm is any physical impairment of the condition of another's body, or physical pain or illness |
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Term
| Battery: Offensive Contact |
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Definition
An actor is subject to liability to another for battery if
a. he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such contact and
b. an offensive contact with the person of the other directly or indirectly results |
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Term
| What Constitutes Offensive Contact |
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Definition
| A bodily contact is offensive if it offends a reasonable sense of personal dignity |
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Term
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Definition
| An actor is subject to liability to another for assault if he acts intending to cause a harmful or offensive contact with the person or an imminent apprehension of such contact and the other is thereby put in such imminent apprehension. |
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Term
| What Constitutes Apprehension |
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Definition
| In order that the other may be put in the apprehension necessary to make the actor liable for an assault the other must believe that the act may result in imminent contact unless prevented from so resulting by the other's self defensive action or by his light or by the intervention of some outside force. |
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Term
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Definition
| An actor is subject to liability to another for false imprisonment if he acts intending to confine the other or a third person within boundaries fixed by the actor and his act directly or indirectly results in such a confinement and the other is conscious of the confinement and harmed by it |
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Term
| What constitues confinement |
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Definition
| To make the actor liable for false imprisonment, the other's confiment within the boundaries fixed by the actor must be complete. The confiment is complete although there is a reasonable means of escape, unless the other knows of it. Not liable for FI by intentionally preventing another from going in a particular direction in which he as a right to go. |
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Term
| Outrageous condcut causing severe emtional distress |
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Definition
One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to laibility for such emotional stress if bodily harm to the othe results from it, for such bodily harm.
Where such conduct is directed at a 3d person the actor is subject to liability if he intentionally causes severe emotional distress.
-to a member of such person's immediate family
-to any other person who is present at the time |
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Term
| Conduct intended to invade other interests but causing emotional distress |
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Definition
Conduct which is tortious because intended to result in bodily harm to another or in the invasion of any other of his legally protected interests does not make the actor liable for an emotional disress which is the only legal consequence of his conduct
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Term
| Sef Defense by Force Not Threatening Death or Serious Bodily Harm |
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Definition
1. An actor may use force not inteded or likely to cause death or bodily harm to defend himself against unprivileged harmful or offensive contact or other bodily harm which he believes that another is about to inflict on him
2. Self defense is privileged under the conditions above altho the actor believes he can avoid the necessity of so defending himself by retresting or complying with the command |
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Term
| Self Defense by Force Threatening Death or Serious Bodily Harm |
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Definition
Can use force threatening death or bodily harm when he reasonably believes that the other is about to inflict upon him an intentional bodily harm that he is thereby put in peril of death or serious bodily harm or ravishment, the above exists altho the actor believes he can safely avoid the necessity by defending himself or retreating if he is attacked within his dwelling place, which is not also the dwelling place of the other, or permitting the other to intrude upon or disposses him of his dwelling place or abandoning an attempt to effect a lawful arrest.
The above does NOT exist if he believes he can retreat if attacked in any place other than his dwelling place or in a place which is also the dwelling of the other OR relinquishing any right or privilege other than his privilege to preven intrusion upon or dispossession of his dwelling place or to effect a lawful arrest |
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Term
| Self Defense Against Confinement |
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Definition
| The actor is privileged to use any means of self defense to protect himself against confiment which he is privileged to use to protect himself against a harmful or offensive contact |
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Term
| Character and Extent of Force Permissable |
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Definition
The actor is NOT privileged to use any means of self defense which is intended or likely to cause a bodily harm or confinement in excess of that which the actor correctly or reasonably believes to be necessary for his protection.
The actor may be privileged in self defense to do an act which is intended to put another in immediate apprehension of a harmful or offensive contact or other bodily harm or a confinement which is in excess of that whith the actor is privileged to inflict if his act is intended and reasonably believed by him to be likely to do no more than create such an apprehension. |
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Term
| Force in Excess of Privilege |
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Definition
| If the actor applies a force to or imposes a confinement upon another which is in excess of that which is privileged the actor is liable for only so much of the force or confinement as is excessive, the other's liability for an invaion of any of the actor's interests of personality which the other may have caused is not affected, the other has the normal privilege stated in this to defend himself against the actor's use or attempted use of excessive forc or confiment |
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Term
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Definition
| Can protect a 3d person under all the same conditions or reasonably believes that the circumstances are such as to give the 3d person a right of self defense and his intervention is necessary for the protection of the 3d person |
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Term
| Defense of Possession by Force not Threatening Death or Serious Bodily Harm |
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Definition
| The intentional infliction upon another of a harmful or offensive contact or other bodily harm by a means which is intended or likely to cause death or bodily harm for the purpose of preventing or terminating the other's intrusion upon the actor's possession of land or chattels, is privileged if but only if the actor reasonably believes that the intruder unless expelled or excluded is likely to cause death or bodily harm to the actor or to a 3d person who the actor is privileged to protect |
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Term
| Amount of Force Permissable |
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Definition
| Actor may use any means of defending his land from intrusion which are intended or likely to cause bodily harm or confinement in excess of that which the actor reasonably believes to be necessary. |
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Term
| Effect of Excessive Force |
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Definition
| If the actor applies a force to or imposes a confinement upon another which is in excess of which is privileged the actor is liable for the force that is excessive and the other has a right to defend himself from the excessive force |
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Term
| Use of Mechanical Device not Threatening Death or Serious Bodily Harm |
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Definition
| The actor is so far privileged to employ for the purpose of protection his possesions from intrusion a device not intended or likely to cause death or bodily harm, assuming the device is reasonably necessary, reasonable under the circumstances, and the device is customarily used for those purposes |
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Term
| Use of Mechanical Device Threatening Death or Serious Bodily Harm |
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Definition
| BASICALLY--you can only used a mechanical device threatening death or bodily harm to protect your land ONLY if you are present and would have used a threat that could cause death anyways |
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Term
| Defense against intrusion on a third person's land or chattels |
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Definition
| Can inflict harmful or offensive bodily contact for the purpose of preventing the other's intrusion on a third person's land under the same conditions as you would for your own land and there is a reasonable believe that you must intervene to protect the third person's land |
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Term
| Definition of Possession of Chattel |
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Definition
| A person who is in "possession of a chattel" is one who has physical control of the chattel with the intent to exercise such control on his own behalf or on behalf of another |
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Term
| Ways of Committing Trespass to Chattel |
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Definition
a. dispossessing another of the chattel
b. using intermeddling with a chattel in the possession of another |
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Term
| Cause of Action for Negligence |
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Definition
Actor is liable for an invasion of an interest of another if:
a. the interest invaded is protected against unintentional invasion
b. the conduct of the actor is negligent with respect to the other, or a class of person within which he is included
c. the actor's conduct is a legal cause of invasion and
d. the other has not so donucted himself as to disable himself from bringing an action for such an invasion |
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Term
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Definition
| Negligence is conduct which falls below the standard established by law for the protection of other against unreasonable risk of harm. It does not include conduct recklessly disregardful of an interest of others. |
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Term
| Conduct of Reasonable Man Stanard |
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Definition
| See pages 25-26 of coursepack |
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Term
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Definition
| Unless the actor is a child, his insanity or other mental deficiency does not relieve the actor from liability for conduct which does not conform to the standard of a reasonable man under similar circumstances |
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Term
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Definition
| If the actor is ill or otherwise physically disabled the standard of conduct to which he must conform to avoid being negligent is that of a reasonable man under like disability |
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Term
| Negligent Conduct; Act or Failure to Act |
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Definition
| May be either an act which the actor as a reasonable man should realize involves unreasonable risk or a failure to do what's necessary for the protection of another and which the actor is under a duty to do |
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Term
| Effect of Provision for Penalty |
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Definition
| A provision for a penalty in a legislative enactment or an administrative regulation has no effect upon liability for negligence unless the penalty is found to be intended to exclude it. |
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Term
| Recognizing Existence of Risk |
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Definition
| The actor is required to recognize that his conduct involves a risk of causing an invasion of another's interest if a reasonable man would do so |
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Term
| What an Actor is Required to Know |
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Definition
| He is required to know the qualities and habits of humans, animals, and their capacities, etc as well as common law, legislative enactments, etc. |
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Term
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Definition
| Where an act is done which a reasonable man would recognize as involving a risk of harm to another the risk is unreasonable and the act is negligent if the risk is of such magnitude as to outweigh what the law regard as the utility of the act or of the particular manner in which it is done |
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Term
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Definition
| In determining whether conduct is negligent the customs of the community or of other under like circumstances are factors to be taken into account but are not controlling where a reasonable man would not follow them |
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Term
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Definition
| The fact that the actor is confronted with a a sudden emergency which requires a quick decision is a caftor in determining the reasonableness of his actions, the fact that an actor may not be negligent doesn't disqualify his tortious conduct which produced the emergency |
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Term
| Duty to Act for the Protection of Others |
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Definition
| The fact that the actor realizes or should realize that action on his part is necessary for another's aid or protection does not of itself impose upon him a duty to take such action |
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Term
| Duty to Control Conduct of Third Persons |
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Definition
| There is no duty to control the conduct of a 3d person as to prevent him from causing physical harm to another unless a special relationship exists between the actor and the third person |
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Term
| Duty of Parent to Control Conduct of Child |
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Definition
| A parent is under a duty to exercise reasonable care care so to control his child as to prevent it from harming others or creating and unreasonable risk of bodily harm |
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Term
| Duty to Act when Prior Conduct is Found to be Danerous |
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Definition
| If the actor does an act and then realizes or should realize it's dangerous he is under a duty to exercise reasonable care to prevent the risk from taking effect |
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Term
| Duty to Aid Another Harmed by Actor's Conduct |
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Definition
| If the actor knows or has a reason to know that by his conduct whether tortious or innocent, he has caused bodily harm to another as to make him helpless and in danger of further harm, the actor has a duty to ecercise reasonable care to prevent such harm |
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Term
| Negligent Performance of Undertaking to Render Services |
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Definition
| One who undertakes to render services to another which he should recognize as necessary for the protection of the other person is subject to liability to the other for physical harm resulting for his faiure to exercise reasonable care to perform the undertaking if his failure to exercise such care increases the risk of harm or the harm is suffered because of the other's reliance upon the undertaking |
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Term
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Definition
1. It may be inferred that harm suffered by the plaintiff is caused by negligence of the defendant when
a. the event is of a kind which ordinarily does not occur without negligence
b. other responsible caues, including the conduct of the plaintiff and 3d persons, are sufficiently eliminated
c. the indicated negligence is within the scope of the defendant's duty to the plaintiff
2. it is the function of the court to determine whether the inference may reasonaby be drawn b the jury or whether it must be drawn
3. it is the function of the jury to determine whether the inference is to be drawn in any case where different conclusions may be reached
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Term
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Definition
a. a person who is in occupation of the land with intent to control it or
b. a person who has been in occupation of land with intent to control it if no other person does so
c. a person who is entitled to immediate occupation of the land |
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Term
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Definition
| A trespasser is a person who enters or remains upon land in the possession of another without a privilege to do so |
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Term
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Definition
| A licensee is a person who is privileged to enter or remain on land only by virtue of the possessor's consent |
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Term
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Definition
An invitee is either a public invitee or a business visitor.
A public invitee is a person who is invited to enter land as a member of the public a buisness visitor is a person who is invited to enter on land for business dealings |
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Term
| Activities Dangerous to Known Trespassers |
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Definition
| An owner of land who knows or has reason to know of the presence of another who is trespassing on the land is sbuject liability for physical harm thereafter caused to the trespasser by the possessor's failure to carry on his activities upon the land with reasonable care for the trespasser's safety (including artificial conditions, especially for children, like pools) |
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Term
| Necessity of adequate causal relation for negligence |
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Definition
| In order that a negligent actor shall be liable for another's harm, it is necessary not only that the actor's conduct be negligent toward the other but also that the negligence of the actor be a legal cause of the other's harm |
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Term
| What constitutes legal cause |
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Definition
| The actor's negligent conduct is legal cause of harm if another if the conduct is substantial in bringing abut the harm and there is no rule of law relieving the actor from liability because of the manner in which his negligence has resulted in the harm |
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Term
| Foreseeability of Harm or Manner of its Occurance |
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Definition
| If the actor's conduct is responsible for the harm the fact that the actor neither foresaw it nor should have forseen it prevents liability. |
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Term
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Definition
| A superseding cause is an act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a substnatial factor in bringing it about |
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Term
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Definition
| An intervening force is one which actively operates in producing harm to another after the actor's negligent act or omission has been committed |
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Term
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Definition
| Is conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which is legally contributing cause cooperating with the negligence of the defendant in bringing about the plaintiff's harm |
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Term
| Types of Contributory Negligence |
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Definition
| Either an intentional and unreasonable exposure of himself to danger created by the defendant's negligence of which danger the plaintiff knows or has a reason to know or conduct which falls short of the reasonable standard |
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Term
| Bar Against Negligent Defendant |
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Definition
| Except where the defendant has the last clear change, the plaintiff's contributory negligence bars recovery against a defendant whose negligent conduct would otherwise make him liable to the plaintiff for harm sustained to him |
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Term
| Last Clear Chance-Helpless Plaintiff |
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Definition
| A plaintiff may recover if the plaintiff is unable to avoid it by the exercise of reasonable care and the defendant is negligent in failing to utilize with reasonable care his chance to avoid the harm when he knows the plaintiff's situation and realizes it or would discover the situation and thus have reason to realize the peril |
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Term
| Last Clear Chance-Inattentive Plaintiff |
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Definition
| A plaintiff who could avoid the harm created by defendant's negligence only if he knows the plaintiff's situation and realize that the plaintiff is inattentive and unlikely to discovery his peril, thereafter is negligent in failing to utilize with reasonable care |
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Term
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Definition
| A plaintiff's contributory negligence does not bar recovery caused by the defendant's reckless disregard for the plaintiff safety BUT a plaintiff who is in reckless regard of his own safety is barred from recovery against a defendant whose disregard caused the accident |
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Term
| Defense to Violation of Statute |
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Definition
| The plaintiff's contributory negligence bars his recovery for the negligence of the defendant consisting of the violation of a staute unless the effect of the statute is to place the entire responsibility for such harm as has occured upon the defendant |
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Term
| Principle of Assumption of Risk |
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Definition
| A plaintiff who voluntarily assumes a risk of harm arising from the negligent or reckless conduct of the defendant cannot recover for such harm |
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Term
| Express Assumption of Risk |
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Definition
| A plaintiff who by contract or otherwise expressly agrees to accept a risk of harm arising from the defendant's negligent or reckless conduct cannot recover for such harm unless the agreement is invalid as contrary to public policy (can be implied) |
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Term
| Knowledge and Appreciation of Risk |
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Definition
| Except where he expressly so agrees, a plaintiff does not assume a risk of harm arising from the defendant's conduct unless he then knows of the existence of the risk and appreciates its unreasonable character |
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Term
| Contributing Tortfeasors-General Rules |
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Definition
| Each of two or more persons whose tortious conduct is a legal cause of a single and indivisble harm to the injured party is subject to liability to the injured party of the entire harm |
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Term
| Persons acting in Concert |
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Definition
| For harm resulting to a third person from the tortious conduct of another one is subject to liability if he does a tortious act in concert with the other or pusuant to a common design with him or knows that the other's conduct constitutes a break of duty and gives substnatial assistance or encouragment to the other so the conduct himself or give assistance to the other in accomplishing a tortious result of his own conduct |
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Term
| Concurring or Consecutive Independent Acts |
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Definition
| If the tortious conduct of each of two or more persons is a legal cause of harm that cannot be apportioned, each is subject to liability for the entire harm, irrespective of whether their conduct is concurring or consecutive |
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Term
| Distinct of Divisble Harms |
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Definition
| If two ore more persons acting independently tortiously cause distinct harms or a single harm for which there is a reasonable basis for the division according to the contribution of each, each is subject to liability only for the portion of the total harm that he has himself caused |
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Term
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Definition
| Consent is willingness in fact for conduct to occur. It may be manifested by action or inaction and need not be communicated to the actor. |
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