Save
Upgrade to remove ads
Busy. Please wait.
Log in with Clever
or
show password
Forgot Password?
Don't have an account?  Sign up 
Sign up using Clever
or
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. Your email address is only used to allow you to reset your password. See 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.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
edit
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

Torts I

TermDefinition
Definition of Negligence Failure to exercise that degree of care and caution which a reasonable and prudent person would exercise under like conditions and circumstances.
Elements of Negligence 1. Duty to use reasonable care 2. Breach of Duty 3. Causation and 4. Damage/Harm
Elements of Causation Actual Cause/ Cause in fact and Proximate cause/Legal Cause
Duty to use reasonable care requires what? Act as a reasonable and prudent person would act under the same or similar circumstances
Explain two types of duties: Due Care (To conduct oneself as a reasonable and prudent person would under the same or similar circumstances or Special Duty (statute, special relationship, or rule of law)
When does duty arise? D conduct creates a foreseeable risk of injury to the plaintiff.
What are the two types of foreseeable risk? Cardozo - Duty is owed to those in the zone of danger and Andrews - If duty is owed to one it is owed to all.
Rescuers and Duty - List Exceptions 1. Putting in Peril by creating peril, 2. D makes situation worse 3. D prevents other from coming to aid or 4. Special relationship exists
Explain Duty to Those on the Premises 1. Trespasser 2. Licensee 3. Invitee 4. Minority
Explain Lessors and Lessees undisclosed conditions of the property, dangers to those outside the premises, parts of the leased property remaining within the control of the lessor, if lessor contracts to repair and is negligent in making those repairs.
Explain Children attractive nuisance doctrine. A duty is owed with respect to a temptation which reasonably leads to danger. Under these circumstances, a duty of ordinary care is owed to protect children from harm
Elements of Children 1. Trespassing child is anticipated 2. Inherently dangerous or unreasonably dangerous condition of the premises. 3. The condition is likely to incite the curiosity of a minor. 4. Child unaware of danger.
Explain Emotional Distress
Created by: R.Kinney
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards