CPCU 530 Ch. 6

Question 1

A wrongful act or an omission, other than a crime or a breach of contract, that invades a legally protected right

Answer 1

Tort

Question 2

A person or an organization that has committed a tort

Answer 2

Tortfeaser

Question 3

The person or entity who files a lawsuit and is named as a party

Answer 3

Plaintiff

Question 4

The party in a lawsuit against whom a complaint is filed

Answer 4

Defendant

Question 5

An obligation imposed by law for the preservation of the legally protected rights of others

Answer 5

Legal duty

Question 6

A written law passed by a legislative body at either the federal or state level

Answer 6

Statue

Question 7

Laws that develop out of court decisions in particular cases and establish precedents for future cases

Answer 7

Common law (case law)

Question 8

A standard for the degree of care exercised in a situation that is measured by what a reasonably cautious person would not do under similar circumstances

Answer 8

Reasonable person test

Question 9

Airline, railroads, or trucking companies that furnish transportation to any member of the public seeking their offered services

Answer 9

Common carries

Question 10

A cause 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

Answer 10

Proximate cause

Question 11

A rule used to determine whether a defendant’s act was the proximate cause of a plaintiff’s harm based on the determination that the plaintiff’s harm based on the determination that the plaintiff’s harm could not have occurred but for the defendant’s act

Answer 11

‘But for’ rule

Question 12

A rule used to determine proximate cause of a loss by determining which of the acts are significant factors in causing the harm

Answer 12

Substantial factor rule

Question 13

A rule used to determine proximate cause when a plaintiff’s harm is the natural and probable consequence of the defendant’s wrongful act and when an ordinarily reasonable person would have foreseen the harm

Answer 13

Foresee-ability rule

Question 14

An act, independent of an original act and not readily foreseeable, that breaks the chain of causation and sets a new chain of events in motion that causes harm

Answer 14

Intervening act

Question 15

A legal doctrine stating that if a loss can be attributed to two or more independent concurrent causes - one or more excluded by the policy and one covered - then the policy covers the loss

Answer 15

Concurrent causation (concurrent causation doctrine)

Question 16

An act that is considered inherently negligent because of a violation of a law or an ordinance

Answer 16

Negligence per se

Question 17

A legal doctrine that provides that provides that, in some circumstances, negligence is inferred simply by an accident occurring

Answer 17

Res ipsa loquitur

Question 18

The control of only one person or entity; in tort law the control by the defendant alone of an instrument that caused harm

Answer 18

Exclusive control

Question 19

A common-law principle that requires both parties to a loss to share the financial burden of the bodily injury or property damage according to their respective degrees of fault

Answer 19

Comparative negligence

Question 20

A common-law principle that prevents a person who has been harmed from recovering damages if that person’s own negligence contributed in any way to the harm

Answer 20

Contributory Negligence

Question 21

A defense of negligence that holds the party who has the last clear chance to avoid harm and fails to do so solely responsible for the harm

Answer 21

Last clear chance doctrine

Question 22

A defense to negligence that bars a plaintiff’s recovery for harm caused by the defendant’s negligence if the plaintiff voluntarily incurred the risk of harm

Answer 22

Assumption-of-risk defense

Question 23

A comparative negligence rule that permits a plaintiff to recover damages discounted by his or her own percentage of negligence, as long as the plaintiff is not 100 percent at fault

Answer 23

Pure comparative negligence rule

Question 24

A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the plaintiff’s negligence is not greater than 50 percent of the total negligence leading to harm

Answer 24

50 percent comparative negligence rule

Question 25

A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the plaintiff's negligence is less than the other party's negligence

Answer 25

49 percent comparative negligence rule

Question 26

A rule of comparative negligence that permits the plaintiff to recover only when the plaintiff's negligence is slight in comparison with the gross negligence of the other party

Answer 26

Slight versus gross rule

Question 27

A legally binding contract between the parties to a dispute that embodies their agreement, obligates each to fulfill the agreement, and releases both parties from further obligation to one another that relates to the dispute

Answer 27

Release

Question 28

An act or omission that completely disregards the safety or rights of others and is exaggerated or aggravated in nature

Answer 28

Gross negligence

Question 29

A defense that, in certain instances, shields organizations or persons from liability

Answer 29

Immunity

Question 30

A defense to negligence that protects the government against lawsuits for tort without its consent

Answer 30

Sovereign Immunity (governmental immunity)

Question 31

A local government's act that is not considered part of the business of government and that could be performed by a private enterprise

Answer 31

Proprietary function

Question 32

An act that can be performed only by the government

Answer 32

Governmental function

Question 33

An act, decision, a recommendation, or an omission made by a government official or agency within the authority of that office or agency

Answer 33

Administrative act (discretionary act)

Question 34

An act that is directed by law or other authority and that requires no individual judgement or discretion about whether or how to perform it

Answer 34

Ministerial act

Question 35

A defense that shields charitable organizations from liability

Answer 35

Charitable immunity

Question 36

A defense to negligence that grants immunity to one spouse from the other spouse's lawsuit for torts committed before, during, and after the marriage

Answer 36

Inter spousal immunity

Question 37

A defense to negligence that grants immunity to parents from their children's lawsuits for torts

Answer 37

Parent-child immunity

Question 38

A statue that requires a plaintiff to file a lawsuit within a specific time period after the cause of action has accrued, which is often when the injury occurred or was discovered

Answer 38

Statue of limitations

Question 39

A statue that requires a plaintiff to file a lawsuit within a specific time period after a wrongful act by a defendant, such as improper construction of a building, regardless of when the injury occurred or was discovered

Answer 39

Status of repose

Question 40

A person who intentionally enters onto the property of another without permission or any legal right to do so

Answer 40

Trespasser

Question 41

Anything interfering with another person's use or enjoyment of property

Answer 41

Nuisance

Question 42

A doctrine treating a child as a license, or guest, rather than a trespasser on land containing an artificial and harmful condition that is certain to attract children

Answer 42

Attractive nuisance doctrine

Question 43

A person who has permission to enter onto another's property for his or her own purposes

Answer 43

Licensee

Question 44

Person who enters a premises for the financial benefit of the owner or occupant

Answer 44

Invitee

Question 45

The oral or written permission to enter onto another's land to do a certain act, but not granting of any interest in the land itself

Answer 45

Express license

Question 46

The permission to enter onto another's land arising out of a relationship between the party who enters the land and the owner

Answer 46

Implied license

Question 47

A person invited to enter onto premises as a member of the general public for a purpose for which the land is open to the public

Answer 47

Public invitee

Question 48

An individual who has express or implied permission to be on the premises of another for the purpose of doing business

Answer 48

Business invitee

Question 49

A tort committed by a person who foresees (or should be able to foresee) that his or her act will harm another person

Answer 49

Intentional tort

Question 50

Intentional harmful or offensive physical contact with another person without legal justification

Answer 50

Battery

Question 51

The threat of force against another person that creates a well-founded fear of imminent harmful or offensive contact

Answer 51

Assault

Question 52

The restraint or confinement of a person without consent or legal authority

Answer 52

False imprisonment

Question 53

The seizure or forcible restraint of a person without legal authority

Answer 53

False arrest

Question 54

An intentional act causing mental anguish that results in physical injury

Answer 54

Intentional infliction of emotional distress

Question 55

An unintentional act causing mental anguish that results in physical injury

Answer 55

Negligent infliction of emotional distress

Question 56

A false written or oral statement that harms another's reputation

Answer 56

Defamation

Question 57

A defamatory statement expressed by speech

Answer 57

Slander

Question 58

A defamatory statement expressed in wirting

Answer 58

Libel

Question 59

In tort law, the communication of a defamatory statement to another person

Answer 59

Publication

Question 60

An intentional false and misleading statement about a characteristic of a plaintiff's product, resulting in financial damage to the plaintiff

Answer 60

Product disparagement, or trade libel

Question 61

An encroachment on another person's right to be left alone

Answer 61

Invasion of privacy

Question 62

A breach of duty of good faith and fair dealing

Answer 62

Bad faith (outrage)

Question 63

A group of torts involving disparagement that causes harm to any kind of legally protected intangible properties

Answer 63

Injurious falsehood

Question 64

A tort involving intentional interference with another's business, or with another's expected economic advantage

Answer 64

Malicious interference with prospective economic advantage

Question 65

The intent to do a wrongful act without justification or excuse

Answer 65

Malice

Question 66

Use of wrongful or fraudulent practices by a business to gain an unfair advantage over competitors

Answer 66

Unfair competition

Question 67

An unjustified intentional act that interferes with another's valid or expected business relationship

Answer 67

Interference with employment

Question 68

A lawsuit by or on behalf of a child with birth defects, alleging that, but for the doctor-defendant's negligent advice, the parents would not have conceived the child or would have terminated the pregnancy so as to avoid the pain and suffering resulting from the child's defects

Answer 68

Wrongful-life action

Question 69

A lawsuit by a parent for damages resulting from a pregnancy following a failed sterilization

Answer 69

Wrongful-pregnancy action (wrongful conception action)

Question 70

The improper institution of legal proceedings against another

Answer 70

Malicious prosecution

Question 71

The grounds that would lead a reasonable person to believe that the plaintiff committed the act for which the defendant is suing

Answer 71

Probable cause

Question 72

The use of civil or criminal procedures for a purpose for which they were not designed

Answer 72

Malicious abuse or process

Question 73

Unauthorized entry to an other person's real property or forcible interference with another person's personal property

Answer 73

Trespass

Question 74

All tangible or intangible property that is not real property

Answer 74

Personal property

Question 75

An unreasonable and unlawful interference with another's use or enjoyment of his or her real property

Answer 75

Private nuisance

Question 76

An act, occupation, or structure that affects the public at large or a substantial segment of the public, interfering with public enjoyment or rights regarding property

Answer 76

Public nuisance

Question 77

Purposefully interference with another party's enjoyment of his or her property

Answer 77

Intentional nuisance

Question 78

An act, occupation, or structure that is a nuisance at all times and under any conditions, regardless of location of surroundings

Answer 78

Nuisance per se

Question 79

The unlawful exercise of control over another person's personal property to the detriment of the owner

Answer 79

Conversion

Question 80

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

Answer 80

Strict liability (absolute liability)

Question 81

An activity that is inherently dangerous; if harm results, the performer may be held strictly liabile

Answer 81

Ultrahazardous activity (abnormally dangerous activity)

Question 82

A civil wrong arising from exposure to toxic substance

Answer 82

Toxic tort

Question 83

The body of law that deals with the environment's maintenance and protection

Answer 83

Environmental law

Question 84

A manufacturer's seller's liability for harm suffered by a buyer, user, or bystander as a result of a product that has a dangerous manufacturing defect or design defect or that is not accompanied by a warning of an inherent hidden danger

Answer 84

Products liability

Question 85

An explicit statement about a product by the seller that the buyer or other user may rely on and that provides a remedy in the event the product does not perform as claimed

Answer 85

Express warranty

Question 86

An obligation that the courts impose on a seller to warrant certain facts about a product even though not expressly stated by the seller

Answer 86

Implied warranty

Question 87

A plaintiff's voluntary use of defective product with knowledge of the potential danger resulting from the defect

Answer 87

Active negligence

Question 88

A defense to negligence that bars a plaintiff's recovery for harm caused by the defendant's negligence if the plaintiff voluntarily incurred the risk of harm

Answer 88

Assumption of risk

Question 89

A plaintiff's failure to discover a product defect or to guard against a possible defect

Answer 89

Passive negligence

Question 90

A form of compensatory damages that awards a sum of money for specific, identifiable expenses associated with the injured person's loss, such as medical expense or lost wages

Answer 90

Special damages

Question 91

The compensatory damages to compensate a plaintiff for any loss of income directly related to a tort

Answer 91

Loss of wages and earning

Question 92

A monetary award to compensate a victim for losses, such as pain and suffering, that does not involve a specific, measurable expense

Answer 92

General damages

Question 93

Compensable injuries that are difficult to measure such as physical and mental distress and inconveniences associated with a physical injury

Answer 93

Pain and suffering

Question 94

A highly unpleasant mental reaction resulting from another person's conduct, for which a court can award damages

Answer 94

Emotional distress

Question 95

A legal cause of action that exists for the survivor of the deceased

Answer 95

Wrongful death action

Question 96

A statue that preserves the right of a person's estate to recover damages that person sustained between the time of the injury and death

Answer 96

Survival statue

Question 97

Two or more parties who act together to commit a tort or who commit separate torts that combine to cause an injury or loss

Answer 97

Joint tortfeasors

Question 98

The right of a tortfeasor who has paid more than his or her proportionate share of the damages to collect from other tortfeasors responsible for the same tort

Answer 98

Contribution

Question 99

An expanded liability concept requiring each member of an industry responsible for manufacturing a harmful or defective product to share liability, when a manufacturer at fault can not be identified

Answer 99

Enterprise liability (industry-wide liability)

Question 100

An expanded liability concept that shifts the burden of proof to each of several defendants in a tort case when there is uncertainty regarding which defendant's action was the proximate cause of the harm

Answer 100

Alternative liability

Question 101

An expanded liability concept that applies when a product that has harmed a consumer cannot be traced to a single manufacturer; all manufacturers responsible for substantial share of the market are named in the lawsuit and are liable for their proportional share of the judgement

Answer 101

Market share liability

Question 102

An expanded liability concept that applies when all defendants acted together or cooperatively

Answer 102

Concert of action

Question 103

An expanded liability concept that applies when two or more parties worked together to commit an unlawful act

Answer 103

Conspiracy

Question 104

A business association formed by an express or implied agreement of two or more business persons (including cooperation) to accomplish a particular project, such as the construction of a building

Answer 104

Joint venture

Question 105

A legal responsibility that occurs when one party is held liable for the actions of a subordinate or an associate because of a relationship between two parties

Answer 105

Vicarious liability

Question 106

The act of leaving a dangerous article with a person who the lender knows, or should know, is likely to use it in an unreasonable risky manner

Answer 106

Negligent entrustment

Question 107

A parent's failure to exercise reasonable control and supervision over his or her child to prevent harm from others

Answer 107

Negligent supervision

Question 108

A liability concept that holds the owner of an automobile kept from the family's use vicariously liable for damages incurred by a family member while using an automobile

Answer 108

Family purpose doctrine

Question 109

A statue providing that a person will not be liable for damages as a result of rendering aid to an injured person, without compensation, at the scene of the accident

Answer 109

Good Samaritan law

Question 110

A lawsuit in which one person or small group of people represent the interests of an entire class of people in litigation

Answer 110

Class action (class action lawsuit)

Question 111

A class action suit based on tort law rather than on contract law

Answer 111

Mass tort litiagation