Review 1 Section 6

Question 1

Negligence (elements and examples)

Answer 1

The failure to do what a reasonable person would do under the same or similar circumstances; the failure to satisfy a “reasonable person” standard of care
Defendant manufacturer/seller owed duty of care to plaintiff, Defendant breached duty of care by supplying defective product, Defendant’s breach of duty caused plaintiff’s injury, Plaintiff suffered actual injury
Duty: The standard of care (consistent with the actions of a “reasonable person”) that defendant owes plaintiff
Breach of Duty: Defendant fails to satisfy the “reasonable person” standard of care
Causation: Defendant’s conduct (amounting to a breach of duty) causes plaintiff’s harm
Damages: Plaintiff suffers compensable injuries

Question 2

Types of Damages

Answer 2

Compensatory Damages:  Damages intended to reimburse plaintiff for his/her losses (consistent with purpose of tort law)
Punitive Damages (or “exemplary damages”):  Imposed to punish defendant and deter others from committing similar acts; usually reserved for cases of “gross” negligence, involving defendants’ extreme, reckless disregard for property/life of others

Question 3

Res Ipsa Loquitur

Answer 3

Permits judge/jury to infer that defendant’s negligence caused plaintiff’s harm (in cases where no direct evidence of defendant’s lack of due care

Question 4

Defenses

Answer 4

Contributory Negligence: Allows defendant to completely avoid liability by showing that plaintiff’s negligence (even to the slightest degree) contributed to plaintiff’s harm
Comparative Negligence: Allows apportionment of liability between plaintiff and defendant, according to degree of responsibility each bears for plaintiff’s harm
Assumption of the Risk: Allows defendant to completely avoid liability by showing that plaintiff “actively, voluntarily and willingly” engaged in an activity where harm foreseeable

Question 5

Intentional Torts

Answer 5

Intentional torts are wrongful acts done on purpose. The person does not need to actually mean harm, but the other person ends up hurt anyway, such as in a prank. Or, the person can definitely mean harm, such as domestic violence cases.

Question 6

Strict Liability

Answer 6

Product defective when sold, Product was so defective that it was unreasonably dangerous, Product caused plaintiff’s injury

Question 7

Product Liability

Answer 7

the legal liability a manufacturer or trader incurs for producing or selling a faulty product.

Question 8

Chain of Distribution

Answer 8

The chain of distribution is the series of companies or businesses that are involved in transporting, storing and providing goods and services to customers.

Question 9

Express and Implied Warranties

Answer 9

A guarantee or binding promise regarding a product.
Express Warranty: Representation was basis for the bargain. Breach of representation
Implied Warranty: Goods are fit for purpose for which they are sold and used (i.e., goods are fit for “ordinary use”)
Implied Warrant 2: Customer purchases product for particular (i.e., “special”) purpose
Customer communicates special purpose to seller
Customer relies upon seller’s expertise to select product that will satisfy customer’s particular purpose