Torts Part 2

Question 1

The basic rule in the United States is that individuals do not have a legal duty to intervene when others are in peril

Answer 1

True

Question 2

Individuals can be punished for failing to aid someone in need of help

Answer 2

European Bystander rule

Question 3

people are obligated to help their children, spouses and, employees

Answer 3

Status

Question 4

while in common law imposes no duty, duty can be imposed by

Answer 4

Statute

Question 5

A Duty to intervene can be created by ___, such as when a sitter agrees to care for children.

Answer 5

Contract

Question 6

Once someone voluntarily intervenes, they assume a duty of care to intervene.

Answer 6

Assumption of Duty

Question 7

Individuals are obligated to intervene when they intentionally or negligently create danger to another person.

Answer 7

Creation of Peril

Question 8

The intersection of status and assumption of duty - individuals have a duty to those under their ____ such as employees, members of the military, or children.

Answer 8

Control

Question 9

A duty to make sure their property is safe to those they invite onto it.

Answer 9

Property Owners

Question 10

what are three types of Property owners

Answer 10

Invitees- Business Visitors
Licensees - Social Guests
Trespassers - Uninvited

Question 11

Duty of Visitors

Answer 11

Invitees - Inspect, fix hazards, post warnings
Licensees - Make aware of known hazards
Trespassers - none, But no traps!

Question 12

In order for the plaintiff to recovery in a tort action, they must prove the defendant’s negligence caused the plaintiff’s harm

Answer 12

Causation

Question 13

what are the two forms of causation?

Answer 13

Cause-in-fact: that the defendants action cause of harm was directed to the plaintiffs injury.
Proximate cause - determines whether a defendant’s actions are a foreseeable cause of an injury or damage.

Question 14

holds employers liable for the negligence of their employees conducted during the course of employment

Answer 14

Respondent Superior

Question 15

Whether a person could have foreseen the consequences of the defendants conduct

Answer 15

Foreseeability

Question 16

from the employer- in which case he is directly liable

Answer 16

unauthorized delegation

Question 17

is a type of tort that imposes liability without any proof of negligence.

Answer 17

Strict Liability

Question 18

cases where products where a product was unreasonably dangerous and defective

Answer 18

Product Liability

Question 19

Also known as the thin skull rule, holds that a defendant is liable for the full extent of injuries to a plaintiff, even if the defendants existing conditions made injuries more severe than expected

Answer 19

Eggshell Plaintiff rule

Question 20

Hold that rescuers administering emergency care can only be held liable for willful or wanton misconduct

Answer 20

Good Samaritan Statutes