Basic Legal PCL Concepts Flashcards
When an employer is held responsible for actions of an employee…
Vicarious liability
What is gross negligence?
Irresponsible behavior showing disregard for the safety or lives of others
When someone willingly gives up the right to sue a person who was at fault.
Subrogation
Define absolute and strict liability
Absolute- the claimant does not have to prove anything
Strict- requires claimant to prove that a defect caused the injury or damage
Legal defenses against negligence…
Assumption of risk Contributory negligence Comparative negligence Last clear chance Intervening cause Statute of limitations
Define comparative negligence
Injured party is partly responsible for the claim, the damages are reduced based on how much fault lies with the injured party (not common law defense)
Proximate cause is…
An uninterrupted chain of events resulting from negligence causes injury or damage
In an insurance policy, any modifications made to regular contract are known as…
Endorsements
Policy provision that gives the insurer The right to repair or replace..
Our option
The Standard mortgage clause states that a (blank) has the right to file a claim, make premium payments, and be notified of any cancellations or non-renewals
Mortgagee or lienholder