CH. 4

Question 1

Four main elements of negligence:

Answer 1

1. Existence of a duty of care
2. Breach of the duty
3. Injury resulting from the breach
4. Proximate cause of the injury by the breach

Question 2

2 types of negligence

Answer 2

Intentional & Unintentional

Question 3

when you make up stories regarding your previous job’s sanitation practices, resulting in loss of patrons

Answer 3

injurious falsehood

Question 4

two kinds of liability

Answer 4

Conditional & Strict

Question 5

Negligence per se

Answer 5

Negligence in & of itself- If you are not conforming to some law/ regulation you are guilty of negligence even though no injury has occured yet

Question 6

Reasonable person test

Answer 6

1 needs to consider what a careful, thoughtful person in the same circumstance would have done

Question 7

Where did we get the word “tort”

Answer 7

Old French legal term- “wrongs”. (can be the same root word as distort or torture)

Question 8

Easier to find someone guilty in a civil case vs. a criminal case?

Answer 8

Burden of proof in a criminal case- 98%(beyond a reasonable doubt), & burden of proof in civil case= 52%

Question 9

Main premise of tort law

Answer 9

to restore the injured party to the position he/ she was in before the injury

Question 10

Do you owe any duty of care to a trespasser?

Answer 10

Yes, not to willfully create a danger/ wantonly injure trespasser

Question 11

8 intentional torts

Answer 11

Assault, Battery, Trespass, Conversion False Imprisonment, Intentional Infliction of Mental Suffering, Deceit, Intentional Interference w. a Contract

Question 12

To prevent potential legal action against your business, you need:

Answer 12

standard operating procedures, staff training, regulatory adherence, record keeping, waivers, disclaimers, releases & insurance

Question 13

res ipso loquitur

Answer 13

The thing speaks for itself

Question 14

5 things defendant must establish to benefit from the doctrine of voluntarily assumed risk:

Answer 14

the plaintiff

1. knew about the risk
2. understood risk
3. had a choice to avoid the risk
4. voluntarily assumed the risk
5. & the defendant was not in breach of a statutory duty from which the injury followed

Question 15

6 primary purposes of tort law

Answer 15

regulation, deterrence, compensation, dispute resolution, education & prevention

Question 16

“Last Clear Chance” exemption?

Answer 16

plaintiff’s negligence causes him/ her self danger, the defendant has the last clear chance of averting injury- If defendant fails to exercise care he/ she is negligent

Question 17

Do disclaimers & signed waivers guarantee a business from being sued?

Answer 17

No- Duress print too small, & client is not fully informed

Question 18

“Thin skull rule”?

Answer 18

A tortfeasor who can reasonably foresee some injury as a consequence of his/ her conduct may be liable for more serious consequences than he/ she anticipated

Question 19

7 defenses to intentional torts

Answer 19

Consent
self defence
lack of intention
necessity
legal authority
defense of property
& defense of third person

Question 20

Strict liability

Answer 20

Defendant is automatically liable even though no injury has occurred- not following gov/t codes & regulations will result in strict liability

Question 21

Conditional liability

Answer 21

Person is liable for negligence only if the consequences of the act were reasonably foreseeable

Question 22

When no contractual rtnship exists b/w 2 parties, & 1 party relies upon advice provided by the other party, but advice provided was in a negligent manner, can 1st party sue?

Answer 22

Yes- negligent misrepresentation

Question 23

Diff b/w slander libel

Answer 23

Slander- spoken defamations

Libels- written ones

Question 24

Contributory negligence

Answer 24

A plaintiff is partly/ solely the cause of his/ her own injury

Question 25

Under what circumstance are you not defaming/ damaging someone’s character?

Answer 25

When it is true

Question 26

Passing off

Answer 26

the public is misled into believing that one company’s goods/ services are those a similar brand/ product