Busy. Please wait.

show password
Forgot Password?

Don't have an account?  Sign up 

Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
We do not share your email address with others. It is only used to allow you to reset your password. For details read our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.

Remove ads
Don't know
remaining cards
To flip the current card, click it or press the Spacebar key.  To move the current card to one of the three colored boxes, click on the box.  You may also press the UP ARROW key to move the card to the "Know" box, the DOWN ARROW key to move the card to the "Don't know" box, or the RIGHT ARROW key to move the card to the Remaining box.  You may also click on the card displayed in any of the three boxes to bring that card back to the center.

Pass complete!

"Know" box contains:
Time elapsed:
restart all cards

Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

MBE Found. Torts II

Negligence and Defenses

Duty -What? --A legal req' to act as an ordinary, prudent, reas. Person taking precaution against unrfeas. Risks of injury to others -To whom? --All foreseeable P's -When? --Everyday situations --Emergency situations
Duties of Care -Trespasser: --Unknown --No duty -Licensee: --Friend --Warn of known dangers -Invitee --Customer --1)Inspect --2)Make safe
Negligence Per Se -Statute designed to: --Prevent this type of injury --Protect this class of P
Res Ipso Loquitur -The accident does not normally occur absent negligence on the part of the D AND --The instrumentality causing the accident was within the D's exclusive control
Contributory Negligence -A negligent P is barred from recovery -Minority rule -Last Clear Chance Rule-a negligent P can still recover if he can show the D had the last clear chance to avoid the injury and failed to do so -Only use if fact pattern says-Contributory Neg. Juris
Comparative Negligence (*No last Clear chance doctrine*) -A Negligent P's recovery will be reduced by the percentage of his own negligence. -Pure: --Can recover even if P's negligence exceeds F's -Modified: --Recovery only if P's negligence is less than F's *MBE rule-Pure Comparative Negligence
Joint Tortfeasors Where the combined negligent acts of two or more tortfeasors cause an indivisible injury (incapable of apportionment), each tortfeasor is held jointly and severally liable.
Release I -When a tortfeasor makes a pretrial agreement to pay her share of the damages awarded to the P, such settlements usually precede the court's determination of each tortfeasor's liability
Release II -The settling D's percentage of fault is deducted from the damages awarded the P regardless of the actual payment made by the settling D.
Foreseeable Intervening Causes -Negligent rescue -Subsequent medical malpractice -Subsequent disease -General negligence ** if foreseeable Defendant remains liable.**
Unforeseeable/superseding Causes -Acts of god --Lightning --Floods -Intentional torts of third parties -Intentional crimes of third parties **If unforeseeable=Defendant not liable(superseding)
Created by: Gkell001