Ch 8

Question 1

3 elements that must be present for negligence to exist

Answer 1

An act or omission, damages to the plaintiff, and breach of the standard of care

Question 2

Professional acts of negligence are referred to as ____

Answer 2

Malpractice

Question 3

Key feature for recklessness

Answer 3

The actor had knowledge that harm was likely to result from his behavior and consciously chose to act despite the risk

Question 4

Assumption of risk

Answer 4

Defense for negligence; a person knows of the risk and voluntarily agrees to accept the consequences

Question 5

Rescue Doctrine

Answer 5

developed under contributory negligence to ensure that someone who is injured while coming to the rescue of another can recover damages from the person who negligently caused the situation.

Question 6

Last clear chance

Answer 6

A tort defense that arises when two parties have both been negligent, but the second party has the opportunity to avoid the harm and fails to do so.

Question 7

Strict liability

Answer 7

If harm results, the actor will be responsible for any and all damages without regard to fault. Even if the actor exercises due care, or exceeds due care, they will be liable.

Question 8

Respondeat Superior

Answer 8

Legal doctrine that holds an employer liable for the torts of its employees, provided the torts are committed within the scope of the workers’ employment; often referred to as vicarious liability