Ch. 26

Question 1

Assault

Answer 1

Any willful attempt to treat or inflict injury on a person, when coupled with the apparent present ability to do so, and any intentional display of force, that would cause the victim a reason to fear or expect immediate bodily harm

Question 2

Battery

Answer 2

Any unlawful touching of another that is without justification or excuse

Question 3

Contact

Answer 3

An agreement between two or more persons or parties which create an obligation to do or not to do a particular thing

Question 4

Defamation

Question 5

False imprisonment

Answer 5

a common claim for false imprisonment arises when a person is restrained or believes they are being restrained against their will

Question 6

Fraud

Answer 6

Generally defined as a willful and intentional misrepresentation of facts that may cause harm to an individual or result in loss of an individual right or property

Question 7

Implied Consent

Answer 7

Persons agreement to allow something to happen which is not expressly given but rather inferred from a persons actions or inactions

Question 8

Implied Consent

Answer 8

Persons agreement to allow something to happen which is not expressly given but rather inferred from a persons actions or inactions

Question 9

Informed Consent

Answer 9

Persons agreement to allow something to happen (such as surgery) that is based on a full disclosure of the facts needed to make the decision intellectually—- that is knowledges of risks involved, alternative, benefits, and other information needed by a reasonable person to make a decision

Question 10

Negligence

Answer 10

Failure to do something that a reasonable person guided by the ordinary considerations that ordinarily regulate human affairs would do or the doing of something a reasonable and prudent person would not do

Question 11

Red Ipsa Loquitur

Answer 11

Meaning the thing speaks for itself; legal theory requiring three elements
(1) that the type of injury did not occur except for negligence
(2) that the activity was under the complete control of the defendant
(3) that the plaintiff did not contribute to their own injury in any way

Question 12

Tort

Answer 12

Private or civil wrong or injury, other then breach of contact, for which the court provides a remedy in the form of an action for damages

Question 13

Respondent Superior

Answer 13

Meaning let the superior respond or the master speak for the servant; the physician, supervisor, or employer may be liable in certain cases for the wrongful acts of temples or subordinates