Chapter 1 Torts

Question 1

Describe nominal damages.

Answer 1

There are small trifling sums awarded to a plaintiff when a tort or breach of contract has been shown, but no actual image or loss has been proven.

Question 2

Strict liability extends to what three situations?

Answer 2

1. situations involving wild animals
2. commercial suppliers of products
3. ultra-hazardous activities

Question 3

Describe punitive damages and their relation to compensatory damages.

Answer 3

Punitive damages are monetary sums awarded to a plaintiff in situations where the defendant has acted in an outrageous or extremely egregious manner. They are generally coupled with compensatory damages.

Question 4

A civil lawsuit generally involves all of the following except a:

a. possible jail sentence for the defendant.
b. private plaintiff.
c. request for monetary damages.
d. wrongful act or omission.

Answer 4

a. possible jail sentence for the defendant.

Question 5

Identify the three elements that must present for negligence to be established.

Answer 5

1. the defendant breaches a duty of care owed to the plaintiff.
2. the defendant’s breach of duty of care is the proximate cause of the plaintiff’s injury
3. there are damages to the plaintiff’s person or property as a result

Question 6

Despite warning signs, danger signs, and verbal information from the worksite foreman that the scaffolding was unsteady, the contractor climbed up on it. The contractor slipped and fell with severe injuries. In a legal decision, he did not receive compensation for negligence. The full legal defense was:

a. contributory negligence
b. comparative negligence
c. strict liability
d. assumption of risk

Answer 6

d. assumption of risk

Question 7

Edward is making coffee in his office for a prospective tenant. He turns to answer his cell phone and knocks over the coffee pot, severely scalding the prospective tenant and ruining her clothes. This is an example of which legal concept?

a. nuisance
b. negligence
c. intentional tort
d. strict liability

Answer 7

b. negligence

Question 8

In a legal action for an intentional tort, Harvey Jenkins was taken to court for using force to get back property that had been taken from him illegally. He had the right to the property and had previously demanded it be returned. His valid legal defense under common law was:

a. repossession of property
b. defense of property
c. implied consent
d. necessity

Answer 8

a. repossession of property

Question 9

Under premises liability, who is help accountable for an injury to a person entering a property?

Answer 9

the person who possesses and asserts control over real property

Question 10

Under the duty of care, persons owe a duty to avoid subjecting others to what?

Answer 10

unreasonable risk of injury

Question 11

How are criminal prosecutions different from lawsuits?

Answer 11

Criminal prosecutions are brought by government officers on behalf of the public. Civil lawsuits are typically brought by a private plaintiff, although in heath, safety, and environmental areas governments are more likely to file civil or administrative actions than criminal complaints to enforce laws.

Question 12

Define “contributory negligence”, “comparative negligence”, and “assumption of risk”.

Answer 12

contributory negligence-negligent behavior by the plaintiff, that together with the defendant’s negligent behavior, is a proximate cause of the plaintiff’s injury

comparative negligence-compares the relative fault of the plaintiff and the defendant in a negligence action and awards damages based on the defendant’s percentage of fault

assumption of risk-plaintiff is barred from recovering damages for the defendant’s negligent acts in cases where the plaintiff has expressly or impliedly assumed the risk of injury or damage from those acts.

Question 13

A duty of care is breached if a person is subjected to an injury that is:

a. life threatening.
b. foreseeable
c. recoverable
d. unintentional

Answer 13

b. foreseeable

Question 14

Mae Caldera is considering becoming a legal tenant at Playa Estates. In clarifying liability concerns with her legal advisor, she discovered that unless otherwise agreed, __________ is (are) obliged to ensure that the use or her premises does not cause injury to others.

a. the landlord
b. the tenant
c. both landlord and tenant
d. under common law, neither the landlord nor tenant

Answer 14

b. the tenant

Question 15

Identify and describe five defenses to intentional torts

Answer 15

1. consent-may be either expressed or implied
2. defense of self or others
3. defense of property (cannot be deadly force)
4. repossession of property
5. necessity-more harm would be suffered by the person asserting the privilege than would be suffered by the property owner.

Question 16

Define intentional tort and define the three elements that a plaintiff must prove in order to recover damages.

Answer 16

An intentional tort is an intentionally committed wrongful act for which the law provides a remedy in the form of an action for damages.

1. the defendant committed the act
2. the defendant intended such an act
3. the act caused the resulting harm to the plaintiff, giving rise to the legal liability.

Question 17

Which of the following is not always an element of an intentional tort?

a. an act was committed by the defendant
b. the defendant intended such an act
c. the act was morally corrupt
d. the act caused the resulting harm to the plaintiff

Answer 17

c. the act was morally corrupt

Question 18

Strict liability extends to all of the following except:

a. captive wild animals
b. ultra-hazardous activities
c. product liability
d. negligence

Answer 18

d. negligence

Question 19

Describe compensatory damages.

Answer 19

Compensatory damages are awarded to compensate the plaintiff for actual harm or loss suffered, and nothing more.

Question 20

Mrs. Sanchez’s office was flooded and severely damaged due to a blockage in the building’s daring system. She is claiming:

a. nominal damages
b. punitive damages
c. compensatory damages
d. all of the above

Answer 20

c. compensatory damages

Question 21

What are the traditional duties owed by a building owner to invitees?

Answer 21

1. warn invitees of hidden dangers
2. must act reasonably to inspect the property for dangerous conditions and to take reasonable precautions to protect invitees from foreseeable dangers in the use and operation of the property.