1/28 (Class 6) Flashcards
Ch 19
A(n) ___ is a violation of a person’s legal rights, or a failure to perform a legal duty owed to a certain person or to society as a whole.
Legal Wrong
Name the three main types of legal wrongs.
- Crime
- Breach of contract
- Tort
A(n) ___ is a legal wrong for which the court allows a remedy in the form of money damages.
Tort
The person who’s injured (___) by the action of another (___) can sue for damages.
Plaintiff; tortfeaser
Name the three main categories that a tort falls under.
- Intentional
- Strict liability
- Negligence
___ means that a liability is imposed regardless of negligence or fault.
Strict liability
A(n) ___ is a law that has evolved as a result of previous court cases.
Common Law
___ are laws that have been passed by the legislative body.
Statutory Laws
A(n) ___ is a tort that is committed with general or specific intent.
Ex: Battery, false imprisonment, trespassing, fraud, libel, slander, copyright infringement
Intentional Tort
A(n) ___ is a liability that doesn’t depend on actual negligence but is based on the breach of an absolute duty to make something safe.
Ex: Crop spraying by airplanes, owning of wild/dangerous animal(s), blasting operations that injure another person, occupational injury/disease of workers.
Strict Liability
___ is the failure to exercise the standard of care that’s required by law to protect others from an unreasonable risk of harm.
Negligence
Name the four elements on negligence.
- Existence of a legal duty to use reasonable care
- Failure to perform that duty
- Damage/injury to the claimant
- A proximate cause relationship between the negligent act and the infliction of damages, which requires an unbroken chain of events
___ damages compensate victims for the losses that are actually incurred.
Compensatory damages
Name the two types of compensatory damages.
- Special Damages
- General Damages
___ provide compensation for medical expenses.
Ex: Lost work earnings, medical bills, property repair costs
Special damages
___ provide compensation for pain and sufferring.
Ex: loss of a companion, disfigurement, pain and sufferring
General damages
___ are designed to punish people and organizations so that others are deterred from committing the same wrongful act.
Punitive damages
Under a(n) ___, the injured person cannot collect damages if his/her care falls below the standard of care required for his/her protection.
Contributory Negligence Act
Under a(n) ___, the financial burden of the injury is shared by both parties according to their respective degrees of fault.
Comparative negligence law
Name the three main comparative negligence laws.
- Pure Rule
- 50 percent rule
- 51 percent rule
Under the ___, you can collect damages even if you are negligent, but your reward is reduced in proportion to your fault.
Pure rule
Under the ___, you cannot recover damages if you are at least 50 percent at fault.
50 percent rule
Under the ___, you cannot recover damages if you are at least 51 percent at fault.
51 percent rule
The ___ states that a plaintiff who was endangered by his/her own negligence can still recover damages from the defendant if the defendant had a last clear chance to avoid an accident but didn’t
Last Clear Chance rule
Under a(n) ___, a motorist’s negligence is imputed to the vehicle’s owner.
Vicarious Liability Law
Under the ___, the owner of an automobile can be held liable for negligent acts committed by family members.
Family purpose doctrine
Under a(n) ___, a business that sells liquor can be held liable for damages that may result from the sale of liquor.
Dram shop law
Name the three requirements for the “Res Ipsa Loquitur” law to be valid.
- The event doesn’t normally occur in the absence of negligence
- The defendant has exclusive control over the instrumentality causing the accident
- The injured party has not contributed to the accident in any way
A(n) ___ is a person who enters or remains on the owner’s property without the owner’s consent.
Trespasser
The duty to refrain from injuring a trespasser is called ___.
Duty of slight care
A(n) ___ is a person who enters the premises with the occupant’s expressed or implied permission.
Licensee
What must a property owner do when a licensee enters the property?
The property owner must warn the licensee of any unsafe conditions which are apparent
A(n) ___ is a person who is invited onto the premises for the benefit of the occupant.
Invitee
What must the property owner do when an invitee enters the premises?
The property owner has an obligation to inspect the premises and eliminate any dangerous conditions.
A(n) ___ is a hazardous condition that can attract and injure children.
Attractive nuisance
A governmental unit can be held liable if it’s negligent in the performance of a(n) ___.
Proprietary function
Under the ___, a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of an injury.
Assumption of Risk Doctrine
Under the doctrine of ___, an employer can be held liable for the negligent acts of employees while they’re acting on the employer’s behalf.
Respondeat Superior
Name the two conditions that must be fulfilled in order for respondeat superior to be valid.
- The worker must be an employee
- The employee must be actin within the scope of employment when the negligent act occurred
___ refers to the risk that occurs when an unauthorized party gains access to an organization’s data.
Cyberliability
