Chapter 3

Question 0

What are the elements of a tort?

Answer 0

Legally protected right
Wrongful invasion of that right.
Damages as a result

Question 1

A wrongful act or omission which invades a legally protected right.

Answer 1

Tort

Question 2

What are the three types of tort law?

Answer 2

Unintentional torts (negligence), intentional (slander, libel), strict liability

Question 3

Failure of an individual or “prudent person” to demonstrate care required by a reasonable person.

Answer 3

Negligence

Question 4

What is the attractive nuisance doctrine?

Answer 4

It states that there is a special duty of care required with respect to conditions that could attract children and which may be dangerous such as construction sites, swimming pools, trenches, and sand piles.

Question 5

What are the four elements to negligence?

Answer 5

1. A legal duty owed to the public.
2. A breach of the above duty occurs as long as it is not internal. (standard of care must be adhered to by the insured)
3. Injury or actual loss or damage must occur.
4. Act must be the proximate cause for injury and damage.

Question 6

A common law defense which prevents a third pay from recovering damages if the injured party was in any way responsible for the loss.

Answer 6

Contributory negligence.

Question 7

A statutory law defense which is much less stringent than contributory negligence. The amount of recovery is arrived at in a court proceeding. Damages are awarded proportionately.

Answer 7

Comparative negligence.

Question 8

A defense that favors the insured if it can be proven that the injured party possessed a “distinct chance” at the last moment to avoid the loss or injury.

Answer 8

Last clear chance

Question 9

Under this common law defense an insured is absolved of any liability if the injured third party assumed the risk of injury voluntarily.

Answer 9

Assumption of the risk.

Question 10

A common law defense where the defendant has no liability if the injury is caused by a separate unrelated cause which interrupts a series chain of events and begins a new series.

Answer 10

Intervening cause.

Question 11

What is a statute of limitations.

Answer 11

When an individual fails to bring legal action within the statute of limitations. This is not a common law defense, but a statutory defense. (state law)

Question 12

Monetary damages that may be further divided into special nc general damages.

Answer 12

Compensatory damages.

Question 13

Tangible and measurable damages.

Answer 13

Specials.

Question 14

Intangible damages; pain and suffering, loss of consortium, mental anguish.

Answer 14

General damages

Question 15

Damages awarded by a court which punish the party cursing the injury. Not generally covered under liability policies.

Answer 15

Punitive damages.

Question 16

Liability without regard to fault. The injured party is awarded damages even if the other party did nothing wrong (ex. Workers comp, PIP, dynamite factory)

Answer 16

Strict liability

Question 17

What is vicarious (imputed) liability?

Answer 17

Liability that exists due to the negligence of an employee. (ex. Independent contractor, parents liable for minors)

Question 18

What is the doctrine of respondeat superior?

Answer 18

Means let the master answer. States that employer is responsible for actions of employees within the course of employment. (master-servant rule)

Question 19

What does an additional insured endorsement accomplish?

Answer 19

Provides extra coverage to business owner or contractor in the event of a claim against subcontractor. Makes subcontractor’s policy primary.