BLAW 3201 Study Guide - Quiz Guide: Reasonable Person, Strict Liability, Contributory Negligence
Document Summary
Definition of negligence- conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. If there was no way of avoiding an accident, say the driver had a heart attack, the driver will not be liable. Reasonable person standard- degree of care that a reasonable person would exercise in a given situation. Owner must warn trespassers of potentially dangerous conditions. Duty to licensees- to warn of known dangerous conditions licenses are unlikely to discover themselves. Examples of licensees include members of owner"s household, social guests, and salespersons calling at the private homes. Duty to invitees- to exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover. Causation in fact- the defendant"s conduct was the actual cause of, or a substantial factor in causing, the injury.
