Which term is used to describe the failure to act as a reasonable person would act quizlet?

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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.

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Which term is used to describe the failure to act as a reasonable person would act group of answer choices?

Which term is defined as the failure to do something that a reasonable person would do under the same circumstances?

What is the failure to use reasonable care in a situation called?

What term refers to the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances?