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Terms in this set (12)Which of the following is correct with respect to the reasonable person standard when there is an emergency? The court will take into consideration the fact that he was at the time confronted with a sudden and unexpected emergency. The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations? a. The situations with a chandelier falling and the golfer are both correct. a. The situations with a chandelier falling and the golfer are both correct. Which of the following is not required for the plaintiff to prove in an action for negligence? a. Superseding event Superseding event Sometimes the reasonable person standard of conduct may be established by legislation. An unexcused violation of that statute which causes an injury to another is: negligence per se If an activity causes a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors, and the activity is not one of common usage, it is: abnormally dangerous What duty of care is owed by a possessor of land to adult trespassers? The possessor is not liable to adult trespassers for failure to maintain land in a reasonably safe condition. To prove a case of negligence against a defendant the plaintiff must prove: duty of care, breach of duty, factual cause, and harm within the scope of liability. The pure comparative negligence doctrine is applied by some states to: divide the damages between the parties according to their fault. Which of the following is a special relationship giving rise to a duty to act to aid or protect one in peril? Hotel and guest, and school principal and student The reasonable person standard is: external and objective "Factual cause" in negligence cases is also known as: The but-for test. Proximate Cause in negligence cases is also known as: Foreseeability Students also viewedChapter 8 Brief Hypotheticals11 terms mpvirgo_11 Chapter 8 Legal Reasoning5 terms calleigh_willis chapter 831 terms beccaroth_ Chapter 9 mindtap23 terms jennamaesalmons Sets found in the same folderChp 11 Reasoning3 terms Ana_Carbajal21 BUSLAW Chapter 2223 terms samwatkins14 Chapter 8 Brief Hypotheticals11 terms mpvirgo_11 Chp. 12 Review10 terms Ana_Carbajal21 Other sets by this creatorChp 135 terms Ana_Carbajal21 Chp 12 Quiz5 terms Ana_Carbajal21 Chp 14 Legal Reasoning3 terms Ana_Carbajal21 Chp 14 Review12 terms Ana_Carbajal21 Recommended textbook solutions
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Which of the following best defines the doctrine of res ipsa loquitur quizlet?The doctrine of res ipsa loquitur is a means of establishing breach of duty; it does not require a showing that the defendant's conduct was the sole cause of the plaintiff's injury.
When a patient sues a physician for negligence who has the burden of proof in court?Burden of proof
[14] In cases of medical negligence, the patient must establish her/his claim against the doctor. The burden of proof is correspondingly greater on the person who alleges negligence against a doctor.
What effect does the rule of res ipsa loquitur have in a negligence case quizlet?Res ipsa loquitur creates a permissible inference of negligence. The issue is presented to the jury and the plaintiff still has the burden of proof. It is possible that inference could be sufficiently strong such that the defendant will be found negligent if evidence not rebutted.
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The doctrine of res ipsa loquitur might be applied in which of the following Quizlet
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