Doctrines on liability for carelessness: the duty of care and its limits, gross negligence, res ipsa loquitur, the eggshell skull rule, contributory and comparative negligence, assumption of risk, the reasonable person, the duty to rescue, nervous shock and acts of God, with tort law as a field. A doctrine belongs here when its cited article describes a rule of negligence. It excludes liability without fault and equitable remedies.
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Negligence and Duty of Care Doctrines
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Act of God (Wikipedia)
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In legal usage in the English-speaking world, an act of God, act of nature, or damnum fatale ("loss arising from inevitable accident") is an event caused by no direct human action (e.g. severe or extreme weather and other natural disasters) for which individual persons are not responsible and cannot be held legally liable for loss of life, injury, or property damage.
View the Source Assumption of risk (Wikipedia)
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Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury.
View the Source Comparative negligence (Wikipedia)
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Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
View the Source Wikipedia: Contributory negligence
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In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence.
View the Source Duty of care (Wikipedia)
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In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence.
View the Source Duty to rescue (Wikipedia)
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A duty to rescue is a concept in tort law and criminal law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury or death without being rescued.
View the Source Eggshell skull (Wikipedia)
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The eggshell skull rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law.
View the Source Gross negligence (Wikipedia)
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Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss.
View the Source Negligence (Wikipedia)
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Negligence (Latin: negligentia) is a failure to exercise appropriate care expected to be exercised in similar circumstances.
View the Source Reasonable person (Wikipedia)
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In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any common set of facts, is decided through reasoning of good practice or policy.
View the Source Res Ipsa Loquitur (Wikipedia)
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Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation.
View the Source Tort (Wikipedia)
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A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.
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