Chapter 6

Question 1

Seek to compensate a plaintiff for the loss that the defendant’a tort caused. Seek to make the plaintiff whole.

Answer 1

Compensatory Damages

Question 2

Damages that are readily quantifiable. Relatively easy to affix a price tag or dollar sign to them.

Answer 2

Special damages

Question 3

Landowner owes a duty of reasonable care if he or she maintained a dangerous condition on the property, such as an uncovered swimming pool, that would attract children

Answer 3

Attractive Nuisance Doctrine

Question 4

Damages that are more difficult to quantify, such as pain and suffering, disfigurement, and loss of consortium.

Answer 4

General Damages

Question 5

Additional damages,above and beyond compensatory damages, which is intended to punish the defendant, or to make an example out of him or her.

Answer 5

Punitive or Exemplary Damages

Question 6

U.S. Constitution requires some proportionality between compensatory and punitive damages.

Answer 6

The Constitutional “Due Process” Limitation

Question 7

Granted jurisdiction over large interstate tort and product liability class actions to Federal Courts.

Answer 7

Federal Class Action Fairness Act of 2005 (CAFA)

Question 8

States have enacted laws that establish monetary caps of general damages, such as pain and suffering. Also puts limitations upon punitive and exemplary damages.

Answer 8

State tort reform

Question 9

The right to protect one’s business interests against the behavior of others that exceeds or goes beyond mere competition

Answer 9

Business Torts

Question 10

The right to enjoy exclusive possession, use, and/or control of one’s property

Answer 10

Intentional torts against property

Question 11

The right to be free from injury or loss, which is perpetrated online

Answer 11

Cyber torts

Question 12

Carelessness. Failure to exercise reasonable care under the circumstances.

Answer 12

Negligence

Question 13

As a general rule, there is no legal duty to rescue a stranger who is in peril. One may have a moral or ethical duty to help a stranger.

Answer 13

Rescue Doctrine

Question 14

Plaintiff’s own negligence that causes a complete bar to collect award for the plaintiff

Answer 14

Contributory negligence

Question 15

Plaintiff’s recovery is reduced by the percentage of his or her own negligence.

Answer 15

Comparative negligence.

Question 16

“The thing speaks for itself.” Creates a presumption of negligence when the plaintiff was injured through an event that typically does not occur unless someone was negligent. Eases burden of proof.

Answer 16

Res Ipsa Loquitur

Question 17

Unexcused violation of a statute. “Negligence in and of itself.” Plaintiff can rely upon a statute to establish the applicable standard of care.

Answer 17

Negligence Per Se