Chapter 5 - Torts - Terminology

Question 1

the attempt or threat to inflict bodily injury upon another person

Answer 1

assault

Question 2

a person’s voluntary exposure to known or obvious risks

Answer 2

assumption of risk

Question 3

a condition or machine on premises that poses a danger or special peril to children because of its attractiveness to them

Answer 3

attractive nuisance

Question 4

force of law backed by the coercive power of the state

Answer 4

authority of law

Question 5

the unlawful use of force against another person that entails some injury or offensive touching

Answer 5

battery

Question 6

failure to act or refrain from acting as required by law

Answer 6

breach of duty

Question 7

a test to determine causation in negligence actions. Asks, “Would an injury have occurred if not for the defendant’s actions?”

Answer 7

“but for” test

Question 8

“Let the buyer beware.” Common law maxim requiring the consumer to judge the quality of a product before making a purchase

Answer 8

caveat emptor

Question 9

doctrine of law that relieves a charitable organization from liability for its acts. (declining importance in the US)

Answer 9

charitable immunity

Question 10

a rule that allows a jury, when considering an award of damages to an injured plaintiff, to consider the sums the plaintiff will receive from sources other than the defendant. (workers comp, other insurance)

Answer 10

collateral source rule

Question 11

doctrine of tort law that allows a plaintiff to recover damages from a defendant in a negligence action even though the plaintiff is negligent to some degree but that reduces the plaintiff’s award based on the amount of the plaintiff’s negligence

Answer 11

comparative negligence

Question 12

amount awarded a plaintiff to compensate for injury or losses suffered

Answer 12

compensatory damages

Question 13

voluntary yielding to the will or desire of another person

Answer 13

consent

Question 14

the right of companionship and services that each spouse has in relation to the other spouse

Answer 14

consortium

Question 15

knowledge of facts imputed to someone who by proper diligence should have become aware of the facts

Answer 15

constructive notice

Question 16

a fee to be paid to an atty only in the even the atty prevails in court on behalf of the client

Answer 16

contingent fee

Question 17

a common law rule that provides that where a plaintiff’s own negligence contributed to an injury, the plaintiff is barred from recovering damages against a defendant

Answer 17

contributory negligence

Question 18

the unlawful assumption of the rights of ownership to someone else’s property

Answer 18

conversion

Question 19

an instrument that has inherently dangerous characteristics

Answer 19

dangerous instrumentality

Question 20

the degree of force that may result in the death of the person against whom the force is applied

Answer 20

deadly force

Question 21

a tort involving the injury to one’s reputation by the malicious or reckless dissemination of a falsehood

Answer 21

defamation

Question 22

aiding or assisting a person being attacked

Answer 22

defense of a third person

Question 23

actions taken that are not prescribed by law

Answer 23

discretionary activities

Question 24

statutes prohibiting sales of alcoholic beverages to minors or intoxicated persons

Answer 24

dram shop acts

Question 25

an obligation that a person has by law or contract

Answer 25

duty

Question 26

the crime of holding someone against their will without legal justification

Answer 26

false imprisonment

Question 27

English common law doctrine applied in many states. Treats a police officer or firefighter as a licensee, thereby limiting a landowner's liability to such persons who enter premises as part of their duties

Answer 27

firefighter's rule

Question 28

an event that a reasonable person would ordinarily anticipate from one's act or failure to act

Answer 28

foreseeable

Question 29

intentional deception or distortion in order to gain something of value

Answer 29

fraud

Question 30

carelessness of an outrageous character

Answer 30

gross negligence

Question 31

an agreement or acquiescence manifested by a person's actions or inaction

Answer 31

implied consent

Question 32

a party to a contract who agrees to perform specified work under his or her own methods and supervision

Answer 32

independent contractor

Question 33

a doctrine of consent applicable in professional malpractice cases, especially those involving surgery. (eg, explaining risks before surgery)

Answer 33

informed consent

Question 34

acts committed purposely

Answer 34

intentional acts

Question 35

outrageous conduct that causes a person mental and emotional suffering. Recognized as a tort in many jurisdictions.

Answer 35

intentional infliction of emotional distress

Question 36

an act committed under color of state authority that deprives a person of a federal constitutional right

Answer 36

intentional tort committed under color or authority of law

Question 37

a common law doctrine that prevented spouses from suing one another for commission of a tort

Answer 37

interspousal immunity

Question 38

an act (either human or natural) that occurs after an original tortious act. Can excuse the original tortfeasor from liability unless the tortfeasor should have anticipated the occurrence of the intervening act.

Answer 38

intervening act

Question 39

a tort involving the unreasonable or unwarranted intrusion on the privacy of an individual

Answer 39

invasion of privacy

Question 40

one who is expressly or impliedly invited. Generally refers to entry on another's land or into another's premises.

Answer 40

invitee

Question 41

liability that usually applies where two or more wrongdoers cause an injury or where two or more makers sign a promissory note. A judgment obtained against parties can be enforced against any one of the parties.

Answer 41

joint and several liability

Question 42

the tort of defamation through published materials

Answer 42

libel

Question 43

a person privately granted right to use property, such as a house guest

Answer 43

licensee

Question 44

an untrue statement of fact made to deceive or mislead

Answer 44

misrepresentation

Question 45

a condition that compels or requires a certain course of action

Answer 45

necessity

Question 46

the failure to exercise ordinary care or caution

Answer 46

negligence

Question 47

an act or omission in violation of a duty imposed by statute or ordinance for the protection of persons or property

Answer 47

negligence per se

Question 48

acts or omissions committed by a person who fails to act as a reasonably prudent individual would act under the circumstances

Answer 48

negligent acts or omissions

Question 49

a tort consisting of employing a person whom the employer knew or should have known would pose a threat to the security of others

Answer 49

negligent hiring

Question 50

a tort in some states where a person in a zone of physical risk suffers demonstrable physical consequences from fright or shock as a result of outrageous acts against another person

Answer 50

negligent infliction of emotional distress

Question 51

statutes in some states that require automobile owners to carry insurance that reimburses the insured irrespective of who is at fault in a vehicular accident.

Answer 51

no-fault automobile laws

Question 52

an unlawful or unreasonable use of a person's property that results in an injury to another or to the public

Answer 52

nuisance

Question 53

Parental immunity doctrine refers to a principle that children cannot sue their parents for tort claims arising from parental authority

Answer 53

parental immunity

Question 54

a tort based on a physicians' failure to advise a prospective mother of the likelihood of conceiving a defective child

Answer 54

preconception tort

Question 55

a right of a person in certain situations to make defamatory statements--such as during judicial proceedings

Answer 55

privilege

Question 56

the legal responsibility of a manufacturer, seller, or distributor of products that cause injuries to consumers

Answer 56

products liability

Question 57

non-governmental activities of municipal government that may subject a municipality to tort liability

Answer 57

proprietary or operational activities

Question 58

the cause that is nearest a given effect in a causal relationship

Answer 58

proximate cause

Question 59

persons who are in the public eye

Answer 59

public figures

Question 60

persons who hold public office by virtue of election or appointment

Answer 60

public officials

Question 61

a sum of money awarded t to the plaintiff in a civil case as a means of punishing the defendants for wrongful conduct

Answer 61

punitive damages

Question 62

he maximum degree of force that is necessary to accomplish a lawful purpose

Answer 62

reasonable force

Question 63

the hypothetical person referred to by courts as the objective standard for judging a person's actions

Answer 63

reasonable person

Question 64

"The thing speaks for itself." In tort law, where an injury occurs to a plaintiff who is without fault, by an instrumentality of even in control of the defendant where the injury would not occur in the absence of the defendant's negligence. For example, where a plaintiff is injured when struck by rocks falling from a vehicle.

Answer 64

res ipsa loquitur

Question 65

the protection of one's person against an attack

Answer 65

self-defense

Question 66

the tort of defaming someone's character through verbal statements

Answer 66

slander

Question 67

one who furnishes alcoholic beverages to guests

Answer 67

social host

Question 68

a common law doctrine under which the sovereign may be sued only with its consent

Answer 68

sovereign immunity

Question 69

a statutory law setting time limits for filing court actions involving contract and tort claims

Answer 69

statute of limitations

Question 70

doctrine of law whereby liability is imposed upon a party irrespective of that party's fault

Answer 70

strict liability

Question 71

statutes that provide that tort actions survive the plaintiff and defendant

Answer 71

survival statutes

Question 72

a wrong or injury other than a breach of contract for which the remedy is a civil suit for damages

Answer 72

tort

Question 73

one who commits a tort

Answer 73

tortfeasor

Question 74

acts involving human or property exposure through absorption, contact, ingestion, inhalation, implantation or injection of toxins

Answer 74

toxic torts

Question 75

an unlawful entry onto another person's real property

Answer 75

trespass to land

Question 76

one who unlawfully interferes with another person's property

Answer 76

trespasser

Question 77

liability of one person in place of another

Answer 77

vicarious liability

Question 78

statutes that require payments of monetary benefits to workers injured within the scope of their employment and to dependents of workers killed within the scope of their employment

Answer 78

worker's compensation acts

Question 79

a tort action by parents for the birth of an impaired or deformed child because a physician's negligent treatment or advice deprived them of the opportunity to terminate the wife's pregnancy

Answer 79

wrongful birth

Question 80

statutory laws that allow a tort action against a person responsible for the wrongful death of an individual.

Answer 80

wrongful death acts

Question 81

a tort action brought on behalf o a child born with birth defects whose birth would not have occurred but for negligent medical advice or treatment

Answer 81

wrongful life