Proving breach: statutes, custom and res ipsa Bar Exam Flashcards - Medical Study Cards
Master Proving breach: statutes, custom and res ipsa with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Proving breach: statutes, custom and res ipsa Flashcard Deck - 9 Cards
Flashcard 1: What is negligence per se, and what does an unexcused statutory violation establish?
Answer: Negligence per se is the doctrine that an unexcused violation of a safety statute establishes breach as a matter of law when the plaintiff is within the class the statute protects and suffers the type of harm it was intended to prevent. The plaintiff must still prove causation and damages; the statutory violation does not automatically establish either.
Flashcard 2: What is the effect of customary practice on breach?
Answer: Customary practice is relevant evidence of reasonable care but is not conclusive; a defendant may still be negligent despite complying with custom, and may be reasonable despite departing from it.
Flashcard 3: Identify the three principal exceptions to the no-duty rule for nonfeasance and the triggering fact for each.
Answer: 1. Prior conduct: Defendant's prior conduct creates or increases physical risk. 2. Special relationship: Recognized relationship creates dependence, custody, or protective responsibility. 3. Voluntary undertaking: Defendant begins protective services or induces reliance on them.
Flashcard 4: A 12-year-old operates a motorboat (an adult activity) and faces a sudden, unexpected emergency not of their making. What standards apply to judge their conduct?
Answer: The child is judged by the adult reasonable-person standard for operating the motorboat (adult-activity exception). The emergency is considered as part of the circumstances, and the child's response is judged by what a reasonable person would have done in that sudden and unexpected danger.
Flashcard 5: When is an employer vicariously liable for an employee's tort, and when is a hiring party responsible for an independent contractor's negligence?
Answer: An employer is vicariously liable for an employee’s tort committed within the scope of employment (conduct of the kind hired for, within authorized time/place, motivated partly by business). A hiring party is generally not liable for an independent contractor's negligence, unless the law imposes a nondelegable safety duty.
Flashcard 6: Under the traditional approach to premises liability, what duties does a land possessor owe to a trespasser, licensee, and invitee regarding known, concealed conditions?
Answer: To a trespasser: generally no duty for ordinary negligence, but warn a known trespasser of a known, concealed, dangerous artificial condition. To a licensee: warn of known, concealed, dangerous conditions the licensee is unlikely to discover. To an invitee: reasonable inspection, warning, repair, or protection against unreasonable risks the possessor knows or should discover.
Flashcard 7: Explain the scope-of-the-risk test for proximate cause, including the role of intervening and superseding causes.
Answer: Proximate cause requires the harm to be a foreseeable type of risk created by the defendant's negligence. An intervening cause occurs after the defendant's conduct; it becomes superseding if it is unforeseeable and extraordinary, breaking the causal chain.
Flashcard 8: What are the three subjective requirements for secondary implied assumption of risk?
Answer: Secondary implied assumption of risk requires: 1) P's actual knowledge of the specific risk, 2) P's appreciation of the nature and significance of that risk, and 3) P's voluntary encounter (freely choosing to confront the risk).
Flashcard 9: What is negligence per se, and what must the plaintiff show?
Answer: Under the majority rule, violation of a safety statute establishes duty and breach if the plaintiff is in the protected class, suffered the type of harm the statute sought to prevent, and the violation caused the injury.
Keywords: Proving breach: statutes, custom and res ipsa flashcards, medical flashcards, NEET PG preparation, USMLE Step 1 flashcards, Anki alternative, spaced repetition medical, Oncourse flashcards
