CH. 17

Question 1

absolute liability & strict liability

Answer 1

Liability for an act that causes harm without regard to fault or negligence.

Question 2

assumption of the risk

Answer 2

The situation wherein the plaintiff assumes consequences of injury; the employee
agrees that dangers of injury shall be at his or her own risk.

Question 3

attractive nuisance doctrine

Answer 3

A doctrine establishing property owners’ duty to use ordinary care toward trespassing children who might reasonably be attracted to their property.

Question 4

bare licensee

Answer 4

A person allowed on another’s premises by operation of law, such as a firefighter or
police officer.

Question 5

business invitee

Answer 5

One invited on the premises for a business or commercial purpose.

Question 6

causation

Answer 6

The direct and proximate cause of someone’s injuries.

Question 7

comparative fault & comparative negligence

Answer 7

The proportionate sharing between the plaintiff and the defendant of the legal responsibility for injuries, according to the relative negligence of the two.

Question 8

compensatory damages

Answer 8

The amount of money that will place the plaintiff in the same position that he was in
immediately before the negligent act occurred.

Question 9

contributory negligence

Answer 9

Negligence on the part of the plaintiff, which contributed toward the injuries and
was a proximate cause of them.

Question 10

culpable negligence & willful, wanton, and reckless
conduct

Answer 10

The intentional commission of an act that a reasonable person knows would cause
injury to another.

Question 11

damages

Answer 11

A monetary loss suffered by a party as a result of a wrong.

Question 12

dangerous instrumentalities

Answer 12

Hazardous items such as explosives and wild animals.

Question 13

design defect

Answer 13

A theory that the product was negligently designed or could have been designed
more safely.

Question 14

duty of care

Answer 14

A legal obligation of carefulness owed to those who are likely to be injured by one’s
conduct.

Question 15

fact finder

Answer 15

The jury in a jury trial or the judge in a nonjury trial.

Question 16

failure to warn

Answer 16

A theory that the product’s dangers were inadequately labeled.

Question 17

foreseeable

Answer 17

Known in advance; anticipated.

Question 18

general damages

Answer 18

Money meant to compensate the plaintiff for pain and suffering he endured.

Question 19

gratuitous guest

Answer 19

One invited on the premises for nonbusiness purposes.

Question 20

gross negligence

Answer 20

Extreme negligence

Question 21

humanitarian doctrine & last clear chance doctrine

Answer 21

A doctrine under which a defendant who had the last clear chance to have avoided
injuring the plaintiff is liable even though the plaintiff had also been responsible for
some contributory negligence.

Question 22

x. liability

Answer 22

Legal responsibility.

Question 23

malpractice

Answer 23

Professional misconduct; negligence of a professional.

Question 24

manufacturing defect

Answer 24

The theory that a product was negligently built.

Question 25

negligence

Answer 25

The failure to use that amount of care and skill that a reasonably prudent person would have used under the same circumstances and conditions.

Question 26

ordinary negligence

Answer 26

The failure to exercise ordinary care.

Question 27

cc. pain and suffering

Answer 27

Physical discomfort and emotional trauma.

Question 28

dd. privity of contract

Answer 28

A relationship between contracting parties.

Question 29

ee. product liability

Answer 29

Liability of manufacturers and sellers to compensate people for injuries suffered be cause of defects in their products.

Question 30

ff. proximate cause

Answer 30

The dominant or primary cause.

Question 31

prudent

Answer 31

Cautious.

Question 32

reasonable care

Answer 32

The degree of care that a reasonable person would have used under the circumstanc es then known.

Question 33

res ipsa loquitur

Answer 33

The thing speaks for itself.

Question 34

special damages

Answer 34

Measurable amounts of losses including the cost of medical treatment and loss of wages.

Question 35

kk. statute of limitations

Answer 35

A time limit, set by statute, within which a suit must be commenced after the cause of action accrues.

Question 36

ll. statute of repose

Answer 36

An absolute time limit for bringing a cause of action regardless of when the cause of action accrues.

Question 37

supervening cause

Answer 37

A new occurrence that became the proximate cause of the injury.

Question 38

pp. wrongful death action

Answer 38

A suit brought by a decedent’s personal representative for the benefit of the decedent’s heirs, claiming that death was caused by the defendant’s negligent act.

Question 39

wrongful death statutes

Answer 39

Legislative enactments that govern wrongful death actions.