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Negligence- UST Law

1L Torts class

Negligence Rest. 3 A person acts negligently if the person does not exercise reasonable care under all the circumstances.
Liability for Negligence Causing Physical Harm Rest. 6 An actor whose negligence is a factual cause of physical harm is subject to liability for any such harm within the scope of liability, unless the court determines that the ordinary duty of responsible care is inapplicable.
Judge and Jury Rest. 8 A. When reasonable minds can differ as to the facts relating to the actor's conduct, it is the function of the jury. B. When reasonable minds can differ as to whether the conduct lacks care, it is the function of the jury to make that determination.
Emergency Rest. 9 If an actor is confronted with an unexpected emergency requiring rapid response, this is a circumstance to be taken into account in determining whether the actor's resulting conduct is that of the reasonably careful person.
Children Rest. 10 A. A child's conduct is neg if it does not conform to that of a reasonably careful person of the same age, intelligence, and experience B. A child < 5 is incapable of neg. C. (A) does not apply when the child is engaging in dangerous adult activities
Disability Rest. 11 A. An actor with a physical disability is negligent only if the conduct does not conform to that of a reasonably careful person with the same disability B. Conduct during a period of sudden incapacitation is negligent only if it was reasonably foreseeabl
Knowledge and Skills Rest 12 If an actor has skills or knowledge that exceed those possessed by most others, these skills or knowledge are circumstances to be taken into account in determining whether the actor has behaved as a reasonably careful person.
Custom Rest. 13 A. An actor's compliance with the custom is evidence that the actor's conduct is not neg but does not preclude a finding of neg B. A departure from the custom in a way that inc. risk is evidence of the actor's neg. but does not require finding of neg.
Negligence Per Se- Statutory Violations Rest. 14 An actor is negligent if, without excuse, the actor violates a statute that is designed to protect against the type of accident the actor's conduct causes, and if the accident victim is within the class of persons the statute is designed to protect.
Excused Violations Rest. 15 An actor's violation of a statute is excused and not neg if: A. the violation is reasonable based on childhood, disability, or incapacitation B. the actor exercises reasonable care in attempting to comply C. doesn't know the statute is applicable
Created by: 13936342


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