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TORTS CH 5

QuestionAnswer
The defendant's actions are the nearest cause of the plaintiff's injuries. proximate cause
The capacity for a party to reasonably anticipate a future event. foreseeability
A legal standard that is based on conduct and perceptions external to a particular person. objective standard
Understanding gained by actual experience. knowledge
Such a degree of care, precaution or diligence as may fairly and properly be expected or required, having regard to the nature of the action, or of the subject matter, and the circumstances surrounding the transaction. duty of care
The improper performance of some act that a person may lawfully do. misfeasance
The omission of an act that a person ought to do. nonfeasance
An assumption made especially in order to test its logical or empirical consequences. hypothesis
Doctrine in which it is assumed that a person's injuries were caused by the negligent act of another person as the harmful act ordinarily would not occur but for negligence. res ipsa loquitur
Arriving at a conclusion based on evidence. inference
Results from statutes establishing that certain actions or omissions are impermissible under any and all circumstances negligence per se
The failure to use reasonable care to avoid harm to another person or to do that which a reasonable person might do in similar cicumstances. negligence per se
A rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until the presumption is rebutted. presumption
The defeat, refute, or take away the effect of something. rebut
The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another. gross negligence
Created by: thesbaum