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Business Law Test #1

First Test

TermDefinition
Negligence Unintentional breach of duty that results in harm to another
Accidents requirement of negligence - Duty of Care - Breach of duty - Causation "but for" - Injury
Negligence Per Se Statute prohibits or requires action
Direct cause (causation) Breach must cause defendant actual injury
Proximate Cause (causation) Only liable for proximate results
General Causation Rules Take victims as you find them Liable for diseases Liable for medical care Liable for injuries suffered by victims attempting to avoid injury Liable for rescuer injuries
"Res Ipsa Loquitur" The thing speaks for itself
Negligence of Emotional Distress Needs impact or contact with plaintiff that shows some physical injury or symptoms of mental distress
Defences to Negligence 1. Contributory negligence and Comparative Negligence - Distribution cost of accident based on degree of fault 2. Assumption of risk - Disregard for known high degree of risk of harm
Strict Liability Liability without fault, neither intentional nor negligent , causing harm despite the utmost care and caution
Created by: Kirkyeung
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