Chapter 3 Flashcards
(14 cards)
what is a tort?
generally consists of a failure to fullfill a private obligation that was proposed by law.
what is a tortfeasor?
a person who has comitted a tort
what is liability insurance?
a contract in which an insurance company agrees, in exchange for a price, to pay damages on behalf of a person who incurs a liability
what is a duty to defend?
requires the insurance company to defend, at its own expense, any lawsuit that is brought against the insured party
what is the compensaory function?
aims to fully compensate people who are wrongfully injured
what is the deterennce function?
discourages people from comitting torts by threatening to hold them liable for the losses they cause
what is vicarious liability?
occurs when one person is held liable for a tort that was committed by another person.
what is an independent contractor?
a worker who is not as closely connected to the employers business as the employee
what does “a loss is remote” mean?
if it would be unfair to hold the defendant legally responsible for it
what are nominal damages?
symbolically recognize that the defendant comitted a tort even though the defendant did not suffer any loss
what is an inunction?
a court order that requires the defendant to do something or refrain from doing something
what is an alternative compensation scheme?
is a system that allows a person who has suffered injury to recieve compensation without bringing an action in tort
what are workers compensation schemes?
prevent workers who are injured on the job from suing in tort but those workers gain the right to claim compensation from a fund without having to prove that anyone was at fault for their injuries
