tort law Ch4
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7 terms
Terms | Definitions |
|---|---|
 assumption of risk | knowingly and willingly exposing yourself(or your property) to the possibility of harm |
| comparative negligence | a legal rule, used in many states, by which the amount of "fault" on each side of an accident is measured and the side with less fault is given damages according to the difference between the magnitude of each sides fault |
| contributory negligence | the plaintiff's own negligence that contributed to his or her injuries. In some jurisdictions this bars any recovery by a plaintiff |
| culpability factoring(liability apportionment) | a defense to negligence. When the plaintiff's negligence contributed to his or her injuries, comparative negligence calculates the percentage of the defendants and the plaintiff's negligence and adjusts the plaintiffs damages according to the numbers |
| last clear chance doctrine | even though the plaintiff was at fault in causing his or her own injuries, the defendant had the last opportunity to avert harm and failed to do so; therefore, the plaintiff can still recover |
| public policy | the law should be applied in a way that promotes the good and welfare of people |
| statutes of limitations | laws that set a maximum amount of time after something happens for it to be taken to court, such as a "three-year statute" for lawsuits based on a contract, or a "six-year statute" for a criminal prosecution |
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