Negligence and Defenses
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each of the black spaces below before clicking
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| 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
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| Duties of Care | -Trespasser:
--Unknown
--No duty
-Licensee:
--Friend
--Warn of known dangers
-Invitee
--Customer
--1)Inspect
--2)Make safe
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| Negligence Per Se | -Statute designed to:
--Prevent this type of injury
--Protect this class of P
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| 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
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| 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
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| 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
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| 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.
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| 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
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| 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.
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| Foreseeable Intervening Causes | -Negligent rescue
-Subsequent medical malpractice
-Subsequent disease
-General negligence
** if foreseeable Defendant remains liable.**
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| Unforeseeable/superseding Causes | -Acts of god
--Lightning
--Floods
-Intentional torts of third parties
-Intentional crimes of third parties
**If unforeseeable=Defendant not liable(superseding)
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Created by:
Gkell001
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