chapter 2- first element of negligence DUTY

omission

a failure to act

foreseeable risk

a risk reasonable person could anticipate

Duty of reasonable care

exercising the same level of care as a reasonable prudent person would under similar circumstance

scope of duty

the people to whom one has a duty

5 elements of Negligence per se

1. an applicable statue 2. violation of the statue 3. the violation caused injury,4 the statue was created for safety reasons 5. the statue was designed to protect certain class of people, of which plaintiff is a member

four elements of Negligence

all must be proven...duty, breach, cause, damages

commission

an act

presumption

an interference tending to prove the truth or false hood of a fact

Duty

an obligation for a person to meet a certain standard of care. duty is the first element to prove in negligence

risk -utility test

formula use to weight the risk versus the utility of conduct , to determine whether the conduct was negligent

Foreseeability

how much something can be known before it occurs

Negligence per se

negligence in and of itself. conduct which is in arguably negligent because either it is a violate of statue or obvious reasonable care was not used.