Which of these is defined by a failure to exercise three degree of care that a reasonable person would exercise under the same circumstances
Negligence is defined as a failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.
Question
Asked 115 days ago|4/17/2022 6:16:04 AM
Updated 115 days ago|4/17/2022 9:49:20 AM
1 Answer/Comment
Rating
3
Negligence is defined as a failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.
Added 115 days ago|4/17/2022 9:49:20 AM
This answer has been confirmed as correct and helpful.
Which of these is defined as a failure to exercise the degree of care that a reasonable person would exercise under the same circumstances?
Negligence is defined as a failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.
Question
Asked 10/20/2020 4:12:22 PM
Updated 10/20/2020 4:45:00 PM
1 Answer/Comment
Rating
3
Negligence is defined as a failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.
Added 10/20/2020 4:45:00 PM
This answer has been confirmed as correct and helpful.
Upgrade to remove ads
Only ₩37,125/year
- Social Science
- Law
- Civil Law
Review terms and definitions
Focus your studying with a path
Take a practice test
Get faster at matching termsHow do you want to study today?
Flashcards
Learn
Test
Match
Business Law Chapter 7 on Negligent Torts
Terms in this set (15)
Negligence
Failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
An
action that is not done intentionally.
4 factors to succeed in an action of negligence:
1. duty, 2. breach, 3. causation, and 4. damages
Reasonable person standard
How a reasonable person would have acted in the same circumstances.
It is society's judgment of how an person should act.
Duty of landowners
Expectation of landowners to exercise reasonable care to protect individuals coming onto their property from harm.
Duty of professionals
An individual that has knowledge or skill superior to that of an ordinary person. An individual's conduct must be consistent with their status.
Malpractice - professional negligence that violates duty of care towards a client.
Causation
Must show that the breach caused the problem
1. Causation in fact - used to determine whether or not the injury would have happened as a result of the action.
2. Proximate cause - legal cause, which exists when the connection between an act and an injury is strong enough to justify imposing liability.
Foreseeable risk
Whether or not the damages as a result of the action were
foreseeable.
Were the damages foreseeable?
Legally recognizable injury
Some loss, harm, wrong, or invasion of a protected interest that a plaintiff suffers.
Assumption of risk
Occurs when someone voluntarily enters into a risky situation. It is limited to expected risk.
2 requirements of assumption of risk:
1. Knowledge
of the risk
2. Voluntary assumption of the risk
Superseding cause
An unforeseeable intervening event that breaks the connection between a wrongful act and an injury to another.
Relieves a defendant of liability for injuries caused by the intervening event.
Contributory negligence
A plaintiff who was also negligent can not recover anything from the defendant.
Comparative negligence
Enables both the plaintiff's and the defendant's negligence to be computed and the liability for damages to be distributed accordingly.
Compares the negligence of the plaintiff and the defendant.
Res ipsa loquitur
"The facts speak for themselves"
Negligence per se
"Negligence in and of itself"
An act in violation of a statutory requirement.
Good Samaritan statutes
Someone who is aided voluntarily by another cannot sue the Good Samaritan for "negligence".
Strict liability
Liability regardless of
fault.
Doctrine that states that a person who engages in certain activities can be held responsible for any harm that results to others even if the person used the utmost care.
Applies to things such as wild animals and explosives.
BUA 220 Ch.4 Pt.2
21 terms
Kdantilio
Business Law Cases and Text's Chapter 7
35 terms
DanielLegat
acct352 ch5
49 terms
jullllls74
BUL CH.9
30 terms
amam2014
Sets found in the same folderChapter 9 (Criminal Law)
30 terms
brandlid
Chapter 8 (Intellectual Property)
16 terms
brandlid
Chapter 6 (Intentional Torts)
23 terms
brandlid
Chapter 1 Terms
52 terms
brandlid
Other sets by this creatorChapter 16 Terms
20 terms
brandlid
Chapter 15 Terms
5 terms
brandlid
Chapter 14 Terms
11 terms
brandlid
Chapter 12 Terms
26 terms
brandlid
Other Quizlet setsResearch methods
20 terms
ExtraGlama
COMS 252: Unit 3, Reading by West, COMS 252: Unit…
134 terms
Nea976
Photosynthesis
131 terms
Adriana_Assal816
Chemistry Multiple Choice Questions
58 terms
OllieCashmorePLUS
Related questions
QUESTION
What type of vehicle insurance is mandatory in NJ
11 answers
QUESTION
If the court overrules a defendant's objection to personal jurisdiction, do most states permit the defendant to raise the issue on appeal?
5 answers
QUESTION
TRUE OR FALSE: The basis of cost recovery property is reduced by the cost recovery allowed, and by not less than the allowable amount.
2 answers
QUESTION
What are 3 types of strict liability?
15 answers