Chapter 3

Question 1

cause of action

Answer 1

legally recognized right to relief

Question 2

statute of limitations .

Answer 2

basic time limit for filing a lawsuit in court

Question 3

claim statutes

Answer 3

statute requires that a written claim be presented to the defendant before a lawsuit is filed.

Question 4

Laches

Answer 4

an equitable principle that prevents lawsuits from being filed when, in fairness to the defendant, too much time has elapsed, even though the statute of limitations may not have expired.

Question 5

Parts of a negligence tort

Answer 5

1) defendant has duty of due care toward victim

2) duty is breached

3) careless act must be the actual cause of damages

4) defendant’s careless act must be proximate cause of damages

5) damages must have been sustained