Chapter 2

Question 1

Plaintive is entitled to succeed if three rules are followed to the satisfaction of the court, what are they?

Hint: ABC rule

Answer 1

A) a duty of care exist
B) breach of the duty that occurred
C) casual relationship between the breach and the damages is shown

Question 2

Explain prima facie

Answer 2

Meaning “on the face of it” or “at first glance”

When a prima facie case has been establish the court presumes that the information is true until or unless evidence is introduced to the contrary

Question 3

Define duty of care

Answer 3

The obligation the person has to exercise reasonable care with respect to the interest of others, including protecting them from harm

Question 4

What are the four main categories of entrants developed in law and who is owed the least amount and the most amount of duty of care?

Answer 4

Trespasser (Least)
Licensee
Invitee (Most)
Contractual entrant

Question 5

Define trespasser and what is the amount of duty of care owed?

Answer 5

A person who wrongfully enters into someone else’s land with neither the right nor permission to be there

The occupier must treat the trespasser with common humanity

Question 6

Define licensee and what duty of care is owed?

Answer 6

A person who has permission to enter the premises for his or her own purposes

And occupier has a duty to protect a licensee from no one concealed traps or dangers

Question 7

Define invitee and the duty of care owed?

Answer 7

A person who is expressively or implied, invited onto the premises for some purpose involving economic or potential economic benefit to the occupier of the premise

The occupier’s duty is to exercise reasonable care to prevent damage to such a person from unusual danger of which the occupier knows or ought to have known

Question 8

What is the main difference between a licensee and an invitee?

Answer 8

A licensee is there for his her own enjoyment, whereas invitee is there for the benefit of the property owner

Question 9

Define contractual entrant and what duty is owed?

Answer 9

A person who enters onto the premises under contract with the occupier

The occupiers duty to a contractual entrant is a specified in the contract. If the contract does not specify the occupiers obligations regarding the entrant’s safety, the contract is said to have an implied (unwritten) term to the effect that the premises are safe for the purpose as reasonable care and skill on the part of anyone can make them

Question 10

Define strict liability

Answer 10

Liability imposed by a court or by a statue in the absence of fault where harm results from activities or conditions that are extremely dangerous, unnatural, hazardous, extraordinary, abnormal, or inappropriate

Question 11

Parents are not generally responsible for the negligence of their children, except in the following three situations

Answer 11

The child was acting on the parents’ express instructions, or under their authority

The child was employed by the parent and acting within the scope of the employment

Damage was caused by dangerous thing or animal that the parents allowed the child to control, such as a motor vehicle

Question 12

Define bailor, bailee, and bailment

Answer 12

A person entrusting goods to another

In contract and property law one to whom goods or property, are entrusted for a stated purpose. Can be either gratuitous (for no consideration) or for hire (for consideration)

The act of placing or transferring goods from a bailor to bailee

Question 13

Define proximate cause

Answer 13

A causes that in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without which the event would not have happened

Question 14

Explain special damages

Answer 14

Are awarded for out-of-pocket (economic) expenses such as medical bills, damaged clothes and salary already lost. Special damages compensate plaintiffs for expenses they’ve already incurred. Generally plaintiffs would be expected to provide receipts for any such expenditures being claimed

Question 15

Explain general damages

Answer 15

Compensate the victim for non-economic hard to quantify aspects of a claim. Such damages require the discretion of the judge to fix the amount that will properly compensate the injured party. These damages are calculated by considering among other factors, the pain and suffering of the injured party, loss of enjoyment of life, future expenses, and future loss of salary, and permanent disability

Question 16

Explain nominal damages

Answer 16

Minimal monetary damages awarded by the court when legal wrong has occurred but limited or no actual loss has been suffered by the party pursuing the action. These tend to be awarded in libel, slander, or false arrest cases

Question 17

Explain punitive damages (exemplary damages)

Answer 17

Damages in excess of these required to compensate the plaintive for the wrong done, which are imposed in order to punish the defendant, because of the particularly wanton or wilful nature of his or her wrongdoing

Question 18

What type of damage is not covered under a policy?

Answer 18

Punitive damage

Question 19

Define remoteness of damage

Answer 19

A legal test to determine the right to recover based on the predictability of cause or circumstance. Also called remote cause.