Ordinary prudence would have breach of duty the

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ordinary prudence would have - breach of duty = the defendant failed to act as a reasonable person would have acted, Assuming that the defendant owed the plaintiff a duty of reasonable care, foreseeability of harm - Causation = plaintiff must prove that the defendant’s breach caused him/her to experience injury - Strict liability = liable even if there was no wreckless behavior or breach of duty, liable without proof of negligence, injury without fault - ultra hazardous activities, even if you did everything you possibly could - Negligence per se = when a statute is violated and the plaintiff is a member of the class of people the statute is meant to protect and plaintiff suffered harm - negligence is assumed from violation of the statute
- Defenses to negligence - Assumption of risk = plaintiff’s voluntary consent to a known danger, he/she knows the risk but assumes it anyway - Contributory negligence = plaintiff’s failure to exercise reasonable care for his/her own safety - Comparitive negligence = Plaintiff’s recovery = Defendant’s percentage share of the negligence causing the injury x Plaintiff’s proven damages Intellectual Property - Copyright = legal right of an author, composer, or artist to protect original works of authorship, can charge licensing fee for use, protection lasts for the life of the author plus 70 years - defense is that there is a different beat/key/song but similar - Trademark = name, word, symbol, or device used by a seller to identify/distinguish its products from competitors, sometimes colors, lasts 10 years with possible 10 year renewal, must be distinctive - arbitrary/fanciful marks = do not describe the qualities of a product/service they identify

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