HFT3603 Exam 2 Study Guidenegligence - a breach of legal duty to act reasonably that is the direct cause of injury to anothera plaintiff suing in negligence must prove 4 elements:1. The existence of a legal duty to act reasonably owed by the defendant to the plaintiff2. A breach of that duty3. Injury to the plaintiff4. Proximate causeproximate cause - direct and immediate cause of an injurypreexisting condition - a prior physical impairment, which may or may not be aggravated, in the event of injuries suffered due to negligenceinvitee - someone who comes to an establishment for the purpose for which the business is open to the public, or for a purpose directly or indirectly connected with that businesslicensee - someone who is on the premises of another by permission or acquiescence of the owner or occupier, and not by invitationtrespasser - a person who enters a place without the permission of the owner or occupierres ipsa loquitur - means "the thing speaks for itself"; frees the plaintiff from the burden of proving the specific breach of duty committed by the defendantTo use the elements of res ipsa loquitur, the plaintiff must prove the following 3 elements: 1. the plaintiffs injury was caused by an accident that would not normally have happened without the negligence2. the thing causing the injury was within the exclusive control of the defendant3. the plaintiff did not provoke the accidentattractive nuisance - a potentially dangerous object or condition of exceptional interest to young people, such as a swimming pool, a large empty box, or a snow pilenegligence per se - describes conduct that violates a law or ordinance designed to protect the safety of the publicprima facie - sufficient evidence, if unrebutted, to support a judgment for the plaintiffstrict liability - imposes liability for injury caused by an ultra hazardous activity without regard to fault or wrongdoing by the party engaging in the dangerous conductstrict products liability - imposes liability on the seller of a defective product without regard to negligencerespondeat superior - means "let the master (employer) answer"; the legal responsibility of the employer for the acts of its employeeswithin the scope of employment - in furtherance of duties performed for the employer; at home or school, during employees off duty hoursindependent contractor - someone who contracts to do one or more specific projects for someoneelse and maintains control of how the work is donenondelegable - duty that cannot be transferred or delegated to anothergood samaritan statutes - laws that protect a person who reacts in an emergency situation by trying to help an injured person or someone in perilrescue doctrine - benefits a rescuer who is injured while administering aidcontributory negligence - if the plaintiffs carelessness contributed to the injury, the plaintiff cannot successfully sue a negligent defendant; instead, the case will be dismissedcomparative negligence - a plaintiff's negligence will not totally defeat the lawsuit; the jury will allocate liability between the plaintiff and the defendant depending on their relative degree of culpability (guilt/blame that is deserved)last clear chance doctrine - used by plaintiffs in certain negligence cases to support their argument that the defendant should be liable for failing to prevent the injury, even if negligent acts of the plaintiff initially put the plaintiff in perilassumption of risk - a doctrine that holds a plaintiff may not recover for injuries received when he voluntarily exposes himself to a known riskinsurer - one who is generally obligated to compensate another for all lossesconstructive notice - information or knowledge of a fact imputed to a person by law because he or she could have discovered the fact by proper diligence or because the situation was such as to put upon such person the duty of inquiryexpert witness - a witness with superior knowledge about a subject due to education and/or experienceabsolute or strict liability - the doctrine that imposes all the risk of an ultra hazardous activity upon those who engage in it; hotel keepers were liable for any loss of guests property occurring on hotel premises'infra hospitium - means "within the inn"; this doctrine states that under common law, hotels wereliable as insurers for guests property on the hotel premisesact of god - a happening not controlled by the power of humans, but rather from the direct, immediate, and exclusive operations of the forces of nature (earthquakes, lightening, snowstorms)public enemy - an exception to the absolute liability rule; applicable when losses are suffered during wartime and/or as a result of terrorist activitiesprima facie liability - a rule that states that hotel keepers are liable for property loss only if the loss occurs through their negligence; if the loss results from some other cause, the inn keeper is not liablelimiting liability statutes/limiting statutes - the laws that restrict innkeepers liability for property loss in exchange for strict statutory compliance by the inn keeperconspicuous - the notice must be displayed in such a way that people are likely to see itmerchandise samples - refers to goods for sale brought to a hotel by a salesperson-guestdoctrine of equitable estoppel - a legal principle that precludes a person from claiming a right or benefit because that person made a false representation to another person who relied on the untruthful statement to his detrimentbailment - transfer of possession of personal property from one person to another, with the understanding that the property will be returnedbailor - the person transferring possession of the propertybailee - the person receiving possessionbailment for the sole benefit of the bailor - exists when the bailee receives no benefit from the bailmentbailment for the solw benefit of the bailee - exists where the bailor lends property to the bailee and receives nothing in returnmutual benefit bailment - also called bailment for hire; both parties receive some benefit from the bailmentprima facie case - a cause sufficient to warrant a judgment for the plaintiff if the defendant does not contradict it with other evidenceconstructive bailment - bailment created by laws as a result of special circumstances rather than by agreement between the partiesconcessionaire - an independent contractor that operates the checking facilities (luggage and coats)Forseeable - a company owes a duty to protect its