negligence- civil wrong causing injury/harm to another person/property as result doing something or failing doing something to provide proper or reasonable level of care
strict liability- defendant legal jeopardy by virtue wrongful act w/o accompanying intent or mental state
ultrahazardous activity- virtually always liable any harm result
negligence per se- product harmful children. don't sell to child. if sell to kid hurt violation
res ipsa loquitur- exclusive info. surgery- accidental nerve cut or injury. sue- don't prove negligence exclusive knowledge. defendent prove not negligent
duty of due care- defendant owed duty to people who hurt but not outside circle. if he/she could've foreseen injury to person
breach- when person doesn't live up to their side of contract
factual cause- if person breach physically led ultimate harm
foreseeable harm- if person can predict harm
injury- plaintiff persuade court suffer harm genuine and speculative.
compensatory damages- amount $ court believes will restore him/her to position were in before defendant's conduct caused an injury.
punitive damages- $ intended not compensate plaintiff but punish defendant.
contributory negligence- if plaintiff is even slightly negligent she recovers nothing.
comparative negligence- plaintiff may generally recover even if she is partially responsible.
assumption of the risk- person who voluntarily enters a situation that has an obvious danger can't complain if she is injured