#1
In negligence law, what is the 'duty of care'?
A legal obligation to exercise a certain standard of care to avoid causing harm to others
ExplanationLegal obligation to prevent harm through standard care
#2
What is 'harm' in negligence law?
Any loss suffered by the plaintiff
ExplanationAny loss suffered by the plaintiff
#3
What is 'reasonable foreseeability' in negligence law?
The foreseeability of a particular type of harm by a reasonable person
ExplanationForeseeability of harm by a reasonable person
#4
What does 'breach of duty' entail in a negligence case?
Any failure to exercise duty of care
ExplanationFailure to meet duty of care
#5
What is 'contributory negligence'?
A doctrine that absolves the defendant of all liability if the plaintiff contributed to their own harm
ExplanationDefendant not liable if plaintiff contributed to harm
#6
What is 'comparative negligence'?
A doctrine that proportionately reduces the plaintiff's recovery based on their degree of fault
ExplanationReduces recovery based on plaintiff's fault
#7
What is 'loss of consortium' in negligence law?
A claim for damages related to the loss of companionship or intimacy
ExplanationDamages for loss of companionship
#8
What is 'standard of care' in negligence cases?
The minimum level of care required to avoid liability
ExplanationMinimum care level to avoid liability
#9
What is 'dangerous instrumentality doctrine'?
A principle holding owners liable for the negligent use of their property
ExplanationOwners liable for negligent property use
#10
What is 'premises liability'?
A doctrine that holds property owners liable for injuries that occur on their premises
ExplanationProperty owners liable for on-premises injuries
#11
What is 'loss of chance' doctrine in medical malpractice cases?
A principle that allows plaintiffs to recover damages for the loss of a chance of a better medical outcome
ExplanationPlaintiffs recover for loss of medical outcome chance
#12
What is 'medical negligence'?
Negligence involving medical professionals
ExplanationNegligence involving medical professionals
#13
What is 'loss of society and companionship'?
A type of damage claimed by family members for the loss of a loved one's companionship
ExplanationDamages for loss of loved one's companionship
#14
What is 'immunity' in the context of negligence law?
A defense used by defendants to avoid liability
ExplanationDefense to avoid liability in negligence
#15
What is 'causation' in the context of negligence?
The link between the defendant's breach of duty and the plaintiff's harm
ExplanationLink between breach of duty and harm
#16
What is 'res ipsa loquitur'?
A Latin term meaning 'the thing speaks for itself'
ExplanationLatin term: the thing speaks for itself
#17
What does 'duty to mitigate damages' mean in negligence law?
The plaintiff's duty to prevent further harm after an accident
ExplanationPlaintiff's duty to prevent further harm
#18
What is 'vicarious liability'?
A form of liability that arises from a special relationship, such as employer-employee
ExplanationLiability from special relationships
#19
What is 'proximate cause' in negligence law?
The foreseeable cause that sets in motion the chain of events leading to an injury
ExplanationForeseeable cause leading to injury
#20
What is 'assumption of risk' as a defense in negligence?
A defense where the defendant claims the plaintiff consented to the known risk
ExplanationDefense: plaintiff consents to known risk
#21
What is 'sovereign immunity'?
A defense used by government entities to avoid liability in negligence cases
ExplanationGovernment defense to avoid liability
#22
What is 'negligence per se'?
A doctrine that establishes negligence based on a violation of a statute or regulation
ExplanationNegligence based on statute or regulation violation
#23
What is 'last clear chance' doctrine?
A doctrine that absolves the defendant of liability if they had the last opportunity to prevent the harm
ExplanationDefendant not liable if last chance to prevent harm
#24
What is 'independent intervening cause'?
An act that breaks the chain of causation and absolves the defendant of liability
ExplanationAct breaking causation chain, defendant not liable
#25
What is 'necessity' as a defense in negligence?
A defense used by defendants to prove their actions were necessary to prevent greater harm
ExplanationDefense: actions necessary to prevent greater harm