Flashcards in Chapter 3 Deck (20)
A wrongful act or omission which invades a legally protected right.
What are the elements of a tort?
Legally protected right
Wrongful invasion of that right.
Damages as a result
What are the three types of tort law?
Unintentional torts (negligence), intentional (slander, libel), strict liability
Failure of an individual or "prudent person" to demonstrate care required by a reasonable person.
What is the attractive nuisance doctrine?
It states that there is a special duty of care required with respect to conditions that could attract children and which may be dangerous such as construction sites, swimming pools, trenches, and sand piles.
What are the four elements to negligence?
1. A legal duty owed to the public.
2. A breach of the above duty occurs as long as it is not internal. (standard of care must be adhered to by the insured)
3. Injury or actual loss or damage must occur.
4. Act must be the proximate cause for injury and damage.
A common law defense which prevents a third pay from recovering damages if the injured party was in any way responsible for the loss.
A statutory law defense which is much less stringent than contributory negligence. The amount of recovery is arrived at in a court proceeding. Damages are awarded proportionately.
A defense that favors the insured if it can be proven that the injured party possessed a "distinct chance" at the last moment to avoid the loss or injury.
Last clear chance
Under this common law defense an insured is absolved of any liability if the injured third party assumed the risk of injury voluntarily.
Assumption of the risk.
A common law defense where the defendant has no liability if the injury is caused by a separate unrelated cause which interrupts a series chain of events and begins a new series.
What is a statute of limitations.
When an individual fails to bring legal action within the statute of limitations. This is not a common law defense, but a statutory defense. (state law)
Monetary damages that may be further divided into special nc general damages.
Tangible and measurable damages.
Intangible damages; pain and suffering, loss of consortium, mental anguish.
Damages awarded by a court which punish the party cursing the injury. Not generally covered under liability policies.
Liability without regard to fault. The injured party is awarded damages even if the other party did nothing wrong (ex. Workers comp, PIP, dynamite factory)
What is vicarious (imputed) liability?
Liability that exists due to the negligence of an employee. (ex. Independent contractor, parents liable for minors)
What is the doctrine of respondeat superior?
Means let the master answer. States that employer is responsible for actions of employees within the course of employment. (master-servant rule)