____ ____ ____ ____ - With Complete Solutions age, intelligence, expe...

Negligence: Duty, and Breach Questions

With Complete Solutions age, intelligence, experience, maturity, particular, circumstances, subjective, child engaged in an adult activity -

Correct Answers ✅Child Standard: what would a child of

the same ___, ____, ____, and level of ____ as this _____ child

done under the same _____? Very _____. Exception: ____ ____

____ ____ ____ ____

court - Correct Answers ✅who decides duty?duty, breach, factual cause, proximate cause, damages - Correct Answers ✅Elements of negligence duty, passengers, foreseeable harm - Correct Answers

✅Duty RPP: a driver owes a ____ to his ____ for _____ ____

hand formula, burden, less, probability, gravity, negligent, B

___): if the ___ of precautions is ___ than the ____ of the harm

multiplied by the ___ of the harm, the defendant is ___.

Formula: __ __ __ __ __.

In other words, if the ____ of ___ is ____ than the ___ of ____, then negligent jury - Correct Answers ✅who decides breach? 1 / 2

Negligence: Duty, and Breach Questions

With Complete Solutions locality, national standard, less, informed consent, disclosure, risks, decision, reasonable person, position, treatment, significant, alternatives, without, emergencies, cannot, disclosure, risk, detrimental, expert testimony - Correct

Answers ✅Medical Custom: General practitioner duty

considers ___ as one factor, specialist considers one ___ ___.Must give a test if the burden is ___ than the risk.

The defendant must receive ____ ____: provide full ____ of all

material ____ that would affect the ____ of a ___ ___ in the patient's ____ as to whether to have the ___. Must disclose all ____ risks, ____ to treatment, and what happens ____ it.

Exceptions to consent: ____ where the patent ___ give it; if the

____ of a particular ___ would be ____ to the patient.Requires ___ ___.mere evidence, conclusive presumption, inference, rebuttable presumption - Correct Answers ✅Procedural Effects of negligence per se: jury may consider or ignore it: ____ ____ of

neg. jury must infer negligence, defendant cannot rebut: ___

___ of negligence. Jury may infer negligence but defendant

does not have to rebut: ___ of negligence. Defendant is

negligent unless he rebuts: ___ ___ of negligence

must, may, negligence per se, plaintiff, class, persons, meant, protect, harm, statute, protect, breach, duty, jury, reasonable person, statute - Correct Answers ✅Statutory

Standards of care: If it is a civil statute, a judge ___ use it. If it

is a penal statute, a judge ___ use it.

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