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Tort Law Chs. 4, 5, 6 vocab/concept review (Fall 2024)

Negligence: Duty, Breach, and Causation
Across
"________ cause" is sometimes called "legal cause" because it reflects a judicial concern that defendant's liability should be limited to injuries that are a foreseeable consequence of the defendant's conduct.
Under the _______ doctrine, anyone who negligently causes harm to a person or property may be liable to one who is injured in an effort to rescue the imperiled person or property.
Under _____ _____ laws, a bar owner or a social host who serves liquor to an obviously intoxicated patron may be liable for injuries inflicted as a result of the patron's negligence.
__________ are generally held to the standard of a reasonable person of like age, intelligence, and experience under like circumstances.
If a seller fails to disclose a dangerous condition of which she is or should be aware and which she should realize that the buyer will not discover, she will be _____ to anyone injured as a result of that condition, until the point in time where the buyer has had a reasonable opportunity to find and correct the defect.
The _______ skull or ________ plaintiff rule holds that a defendant "takes the plaintiff as he finds him" and is liable for the full extent of a plaintiff's injuries that are severe due to a particular condition of the plaintiff, even though the average person's injuries would have been less severe.
An __________ standard is used to assess whether a defendant acted in a reasonable manner in determining whether he or she has breached a duty.
Under the _______ rule, also the majority rule, on proximate cause, defendant owes a duty of care to the reasonably foreseeable plaintiff, and is liable for all reasonably foreseeable consequences of his negligence.
Latin for "the thing speaks for itself." This doctrine applies when there is an implication that the defendant was negligent without providing direct evidence of the negligence, because the instrument that caused the injury was under the exclusive control of the defendant.
The _________ _______ formula considers the probability that harm will result from defendant's conduct, multiplied by the gravity of the potential harm, weighed against the burden of precautions that would have to be borne by the defendants to avoid the possible risk.
The __________ nuisance doctrine provides that a possessor of land is liable if they maintain a dangerous condition on land that induces children to enter the premises because it is an enticing item on which to play.
With a few exceptions, one typically does not have a duty to make their land safe for a _____________.
Lawyers, doctors, accountants, and police officers are held to the standard of care commonly exercised by members in good standing of their __________.
Under ______ Samaritan statutes in many jurisdictions, anyone providing emergency medical assistance is not liable for damages arising from that assistance as long as care is provided in good faith and does not constitute gross negligence.
Under the ______ factor test for actual cause, two or more concurrent or successive events combine to cause the plaintiff's injury and each of them is a substantial factor in producing the injury.
A legal obligation to act reasonably, arises out of our relationship to others and is a necessary element of a negligence action.
Down
In an __________ a defendant is not expected to act with the same rational and calm consideration as one would expect in a less stressful situation, but is expected to act as would a reasonable person faced with the same circumstances.
Negligence ___ ___ is found where a defendant has violated a statute, the statute is applicable to the facts of the case, and there is a causal link between the act constituting a violation of the statute and the plaintiff's injury.
Historically under common law, a person invited onto land for a business purpose is considered an __________, to whom the possessor of land owes a duty to inspect the premises for hidden dangers. In modern times, this status is also extended to invited social guests in many jurisdictions, such as Indiana.
The __________ position on breach of duty states that an act is negligent if the risk is of such magnitude as to outweigh what the law regards as the utility of the act or of the particular manner in which it is done.
Possessors of land owe a _________ duty of care to frequent trespassers who use only a very ________ area of their land.
Historically under common law, a social guest with no business purpose for being on the land was considered a __________, to whom the possessor of land owed only a duty to warn of any known dangerous conditions that may not be obvious.
A ___________ is liable to a tenant and to a tenant's invitees and licensees for those dangers that the landlord knows or should know about and that the tenant has no reason to know about.
If an intervening cause rises to such a level of importance that it precludes the defendant's negligence from being the proximate cause of the plaintiff's injury, it becomes a _________ cause and cancels out the defendant's liability.
Conduct that creates an unreasonable risk of harm to another.
Determining whether a _______ ____ _____ has occurred requires a) a determination of the relevant standard of care and b) an evaluation of the defendant's conduct in light of that standard.
An ___________ cause is a cause that occurs after the defendant's negligent act and that contributes to the plaintiff's injury.
Under the common law, a defendant has no legal _____ to aid a plaintiff in distress unless a special relationship exists between the plaintiff and defendant.
An employer can have __________ liability for the tortious acts of his employees under the doctrine of respondeat superior.
Under the __________ test for actual cause, if the plaintiff's injuries would not have occurred ________ the defendant's negligence, the defendant will be deemed the actual cause of the plaintiff's injuries.
The _______ purpose doctrine holds the owner of a car vicariously liable for the torts committed by those members of his household whom he allows to drive his car.
A possessor of land is liable to a _________ trespasser, or a trespasser of whom a possessor is aware, because the possessor's continuing tolerance of the trespass constitutes implied permission to use the land.