Liability

Question 1

This insurance protects against the possibility of a claim alleging that an insure person or organization is responsible for another party’s injury or damage.

Answer 1

Liability Insurance.

Question 2

The 3 broad classes of legal wrongs, each addressed by a different branch of the law.

Answer 2

Crime, breach of contract and tort.

Question 3

A civil wrong, other than breach of contract, for which the law provides monetary damages as a possible remedy. ie: bodily injury or prop dmg.

Answer 3

Tort Law

Question 4

The failure to use the degree of care that is considered reasonable under a given set of circumstances.

Answer 4

Negligence

Question 5

What are the 4 elements of negligence?

Answer 5

duty or care, breach of the duty of care, causation and damages.

Question 6

The duty to take reasonable measures to protect other people from foreseeable harm. ie: Keep walkway to home clear of debris that may be tripped over. “Standard of Care”

Answer 6

Duty of Care

Question 7

When a defendant did not do what a reasonable person would have done under the same circumstances.

Answer 7

Breach of Duty of Care.

Question 8

Actions set in motion a chain of events that could have reasonably been anticipated to lead to the damage or injury the plaintiff suffered.

Answer 8

Causation

Question 9

2 types of Damages

Answer 9

Compensatory and Punitive

Question 10

2 types of Compensatory Damages

Answer 10

Special and general

Question 11

Amount defendant is required to pay to reimburse an injured party for harm that was done by the defendant.

Answer 11

Compensatory Damages

Question 12

Dmgs awarded to an injured party for tangible losses. ie: doctors bills, Rxs, loss of income

Answer 12

Special Damages

Question 13

Dmgs that involve a money reward designed to compensate an injured person for his/her pain and suffering. Amounts requiring some judgement, subjective.

Answer 13

General Damages

Question 14

Amounts a defendant is required to pay as punishment for committing a civil wrong. Intended to discourage others from committing similar wrongs. Imposed only when defendant acted in especially outrageous manner, not negligence.

Answer 14

Punitive Damages

Question 15

3 most common defenses to a negligence suit.

Answer 15

Assumption of risk, contributory negligence and comparative negligence.

Question 16

Even though the defendant acted negligently, the plaintiff knew there was a substantial possibility that something might go wrong and that he or she could be injured, and the plaintiff voluntarily exposed himself or herself to that danger anyway.

Answer 16

Assumption of Risk

Question 17

Plaintiff’s actions resulting in the injury are unknowing and involuntary. Just as defendants are held to be under a legal duty to take reasonable measures to protect other people from foreseeable harm, plaintiffs also have a legal duty to take reasonable measures to protect themselves from foreseeable harm. The negligence of the plaintiff combined with the negligence of the defendant may result in the injury or loss to the plaintiff.

Answer 17

Contributory Negligence

Question 18

the negligence of the plaintiff is compared against the negligence of the defendant. As in the case of efficient proximate causation, juries are asked to assign percentages corresponding to the degree of fault each party bears for producing the injury.

Answer 18

Comparative Negligence

Question 19

Imposed only in limited situations. The law holds people responsible for injuries or damage even when they have not been careless or negligent. The simple fact that the plaintiff was injured or that a plaintiff’s property was damaged proves that the defendant breached his or her duty under this LIAB.

Answer 19

Strict or Absolute Liability

Question 20

When one person is legally responsible for the acts of another. ie: For example, parents who have not personally committed any negligent act may still be responsible for torts committed by their minor children.

Answer 20

Vicarious Liability

Question 21

Has the property owner’s explicit or implicit permission to be on the owner’s property. ie: A door-to-door salesperson.

Answer 21

Licensee

Question 22

invited onto the premises for the owner’s benefit or for the mutual benefit of the owner and the invitee. A guest at a house party or a driver for a parcel delivery service would also fall into this category.

Answer 22

Invitee

Question 23

Under this, a party can be held liable for maintaining something on its property that appeals to curious children even though the children are trespassers. ie: a neighborhood child accidentally falls into an unfenced and abandoned swimming pool that is filled with rainwater and toads that the child came to explore.

Answer 23

Attractive Nuisances Doctrine