bases of legal liability

Question 1

statutory law

Answer 1

body of law created by a federal, state, county, city, etc legislative body
it’s written

Question 2

common law

Answer 2

based on custom and court decisions

think precedence

Question 3

stare decisis

Answer 3

once a court has rendered a decision, other courts should follow the same reasoning

Question 4

legal wrong def

Answer 4

the failure to perform a legal duty owed to another party (individual/entity)

Question 5

types of legal wrongs

Answer 5

breaches of contract
crimes
torts

Question 6

tort def

Answer 6

a legal wrong for which the law allows a remedy in the form of monetary damages

Question 7

types of torts

Answer 7

intentional
absolute/strict
negligence

Question 8

intentional torts

Answer 8

includes slander, libel, false imprisonment

all about intent

Question 9

absolute/strict liability torts

Answer 9

responsiblity regardless of fault

Question 10

negligence torts

Answer 10

failure to exercise the standard of care required by law to protect others from harm
largest area
subjective

Question 11

three elements of negligence

Answer 11

legal duty to exercise due care
failure to perform that duty
damages to the other party

Question 12

three types of damages to the other party

Answer 12

special, general, and punitive

requires a proximate causal relationship between the negligent act and damages

Question 13

special damages

Answer 13

actual tangible damages

lost wages, medical bills, etc

Question 14

general damages

Answer 14

intangible

pain, suffering, mental anguish, loss of consortion/companionship

Question 15

punitive damages

Answer 15

designed to punish the wrong doer

Question 16

four defenses against negligence

Answer 16

contributory, comparative, the last clear chance doctrine, assumption of risk

Question 17

contributory negligence

Answer 17

if the other party contributed in any way to the negligence, they are prohibited from recovering damages

Question 18

comparative negligence

Answer 18

compares the negligence of both parties involved through percentages

pure, 49%, 50%

Question 19

the last clear chance doctrine

Answer 19

if someone has the reasonable ability to avoid the harm, they have a duty to do so

Question 20

assumption of risk

Answer 20

someone else assumes the risk

Question 21

imputed negligence/vicarious liability

Answer 21

the negligence of one party becomes imputed, or transferred, to another

Question 22

types of imputed negligence

Answer 22

employer/employee relationships
joint ventures
dram shop liability

Question 23

rea ipsa loquitur

Answer 23

flips the burden of proof to the defendant, they must prove that they did nothing wrong

Question 24

four elements for rea ipsa loquitur

Answer 24

the event must be one that would not have occurred but for the negligence of another party
the other party has superior knowledge or control over the cause of the harm
the cause of the harm must have been in the exclusive control of the other party
the injured party must not have meaningfully contributed to the harm or injury

Question 25

degree of care required for trespassers

Answer 25

no duty to warn of potential risks and no duty to fix them

cannot set traps

Question 26

degree of care required for licensee

Answer 26

licensee: someone you don’t know but may come on to property (delivery drivers)

duty to warn of a problem but no duty to fix it

Question 27

degree of care required for invitee

Answer 27

invitee: someone you ask to come on to your property

duty to inspect property, warn them, and to either fix it or barricade the harm

Question 28

attractive nuisance doctrine

Answer 28

you can be held liable if you have somehting on your property that attracts people with diminished capacity (mainly kids)

Question 29

the negligent owner and operator of a vehicle can be…

Answer 29

liable for injury and damage caused to another party

Question 30

Where the owner is not the operator, the general rule is that the owner…

Answer 30

is not liable for the damage caused to another party

Question 31

Government entities can be sued if:

Answer 31

it involves a proprietary function

Question 32

you can sue the government for gov functions when

Answer 32

a statute says you can

Question 33

employer/employee relations require

Answer 33

must be an: actual employee

mus be acting: in the course and scope of employment

Question 34

parents and children common law

Answer 34

parents are not responsible for their children’s negligence

Question 35

parents and children today’s pov

Answer 35

you can sue for failure to supervise their children

Question 36

wild animal liability

Answer 36

strictly/absolutely liable regardless of fault

Question 37

domestic animal libality

Answer 37

one bite rule

Question 38

types of product liability exposure

Answer 38

defective product manufacturing
defective product design
defective notice/warning to consumers

Question 39

principal defenses to product liability claims

Answer 39

state of the art
compliance with applicable laws and regulations
alteration of product

Question 40

ten steps to dealing with hazards

Answer 40

Prevent the creation of the Hazard — e.g. avoid sending trucks out in inclement weather – icy roads, etc.

Reduce the Hazard – e.g. forklift cage.

Prevent the release of an existing Hazard – e.g. pollution barriers, contained ventilation systems, encrypted data and limited access (cyber risk).

Modify rate of release of existing Hazard – e.g. back-up / redundancy systems for chemical process to avoid release.

Separate the Hazard from what you are protecting by time or space. – e.g. the movement of equipment over an active pipeline example.

Separate the Hazard from what you are protecting by physical barrier – e.g. pollution barriers.

Modify Hazard – e.g. use less toxic components.

Modify what you are protecting – e.g. add separate ventilation process, sprinkler system.

Initiate countermeasures – e.g. digging fire lines, toxic counteragents – EPI pens.

Stabilize and Repair – i.e. Post Loss Control – minimizes future damage

Question 41

issues with tort liability system

Answer 41

rising tort costs
system is inefficient in compensating injured parties
uncertainty of legal outcomes
higher jury rewards
long delays in processing

Question 42

solutions to tort liablity system

Answer 42

alternative dispute resolutions (arbitration)
limitations on rewrds
expanded use of “state of the art” defense

Question 43

five steps to improve corporate governance

Answer 43

increase diversity
appoint competent directors
ensure timely information and appropriate distribution
prioritize risk management activities within the organization
evaluate the board

Question 44

basic requirements of an enforceable (legally binding) contract

Answer 44

offer and acceptance
consideration (payment, not always money)
competent parties
legal purpose
writing required
four corners rule

Question 45

parol evidence rule

Answer 45

certain contracts will be enforced without writing if the contract is less than 1000 dollars and can be completed in a year

Question 46

four corners rule

Answer 46

only the contents contained in the four corners of the contract matter when looking at enforcability