Torts Flashcards

(12 cards)

1
Q

🔥 Negligence elements

A

Duty, breach, causation, damages.

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2
Q

🔥 Negligence duty

A

Duty exists when harm is foreseeable.

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3
Q

🔥 Negligence breach

A

Failure to act as a reasonable person.

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4
Q

🔥 Actual cause

A

But for defendant’s conduct, harm would not have occurred.

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5
Q

🔥 Proximate cause

A

Harm must be foreseeable.

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6
Q

🔥 Negligence damages

A

Plaintiff must suffer actual harm.

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7
Q

🔥 Comparative negligence

A

Recovery reduced by plaintiff’s percentage of fault.

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8
Q

🔥 Vicarious liability

A

Employer liable for employee acting within scope of employment.

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9
Q

Negligence per se

A

Statute violated, plaintiff protected, harm intended to be prevented.

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10
Q

Superseding cause

A

Unforeseeable independent cause breaks proximate cause.

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11
Q

No duty to rescue

A

Absent special relationship.

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12
Q

Defamation elements

A

False statement, publication, fault, damages.

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