CPCU 530 Ch. 6 Flashcards

1
Q

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

A

Tort

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2
Q

A person or an organization that has committed a tort

A

Tortfeaser

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3
Q

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

A

Plaintiff

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4
Q

The party in a lawsuit against whom a complaint is filed

A

Defendant

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5
Q

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

A

Legal duty

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6
Q

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

A

Statue

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7
Q

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

A

Common law (case law)

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8
Q

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

A

Reasonable person test

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9
Q

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

A

Common carries

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10
Q

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

A

Proximate cause

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11
Q

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

A

‘But for’ rule

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12
Q

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

A

Substantial factor rule

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13
Q

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

A

Foresee-ability rule

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14
Q

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

A

Intervening act

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15
Q

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

A

Concurrent causation (concurrent causation doctrine)

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16
Q

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

A

Negligence per se

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17
Q

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

A

Res ipsa loquitur

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18
Q

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

A

Exclusive control

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19
Q

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

A

Comparative negligence

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20
Q

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

A

Contributory Negligence

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21
Q

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

A

Last clear chance doctrine

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22
Q

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

A

Assumption-of-risk defense

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23
Q

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

A

Pure comparative negligence rule

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24
Q

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

A

50 percent comparative negligence rule

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25
Q

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

A

49 percent comparative negligence rule

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26
Q

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

A

Slight versus gross rule

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27
Q

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

A

Release

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28
Q

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

A

Gross negligence

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29
Q

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

A

Immunity

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30
Q

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

A

Sovereign Immunity (governmental immunity)

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31
Q

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

A

Proprietary function

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32
Q

An act that can be performed only by the government

A

Governmental function

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33
Q

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

A

Administrative act (discretionary act)

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34
Q

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

A

Ministerial act

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35
Q

A defense that shields charitable organizations from liability

A

Charitable immunity

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36
Q

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

A

Inter spousal immunity

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37
Q

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

A

Parent-child immunity

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38
Q

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

A

Statue of limitations

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39
Q

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

A

Status of repose

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40
Q

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

A

Trespasser

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41
Q

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

A

Nuisance

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42
Q

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

A

Attractive nuisance doctrine

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43
Q

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

A

Licensee

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44
Q

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

A

Invitee

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45
Q

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

A

Express license

46
Q

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

A

Implied license

47
Q

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

A

Public invitee

48
Q

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

A

Business invitee

49
Q

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

A

Intentional tort

50
Q

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

A

Battery

51
Q

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

A

Assault

52
Q

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

A

False imprisonment

53
Q

The seizure or forcible restraint of a person without legal authority

A

False arrest

54
Q

An intentional act causing mental anguish that results in physical injury

A

Intentional infliction of emotional distress

55
Q

An unintentional act causing mental anguish that results in physical injury

A

Negligent infliction of emotional distress

56
Q

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

A

Defamation

57
Q

A defamatory statement expressed by speech

A

Slander

58
Q

A defamatory statement expressed in wirting

A

Libel

59
Q

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

A

Publication

60
Q

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

A

Product disparagement, or trade libel

61
Q

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

A

Invasion of privacy

62
Q

A breach of duty of good faith and fair dealing

A

Bad faith (outrage)

63
Q

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

A

Injurious falsehood

64
Q

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

A

Malicious interference with prospective economic advantage

65
Q

The intent to do a wrongful act without justification or excuse

A

Malice

66
Q

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

A

Unfair competition

67
Q

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

A

Interference with employment

68
Q

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

A

Wrongful-life action

69
Q

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

A

Wrongful-pregnancy action (wrongful conception action)

70
Q

The improper institution of legal proceedings against another

A

Malicious prosecution

71
Q

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

A

Probable cause

72
Q

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

A

Malicious abuse or process

73
Q

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

A

Trespass

74
Q

All tangible or intangible property that is not real property

A

Personal property

75
Q

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

A

Private nuisance

76
Q

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

A

Public nuisance

77
Q

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

A

Intentional nuisance

78
Q

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

A

Nuisance per se

79
Q

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

A

Conversion

80
Q

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

A

Strict liability (absolute liability)

81
Q

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

A

Ultrahazardous activity (abnormally dangerous activity)

82
Q

A civil wrong arising from exposure to toxic substance

A

Toxic tort

83
Q

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

A

Environmental law

84
Q

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

A

Products liability

85
Q

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

A

Express warranty

86
Q

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

A

Implied warranty

87
Q

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

A

Active negligence

88
Q

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

A

Assumption of risk

89
Q

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

A

Passive negligence

90
Q

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

A

Special damages

91
Q

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

A

Loss of wages and earning

92
Q

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

A

General damages

93
Q

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

A

Pain and suffering

94
Q

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

A

Emotional distress

95
Q

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

A

Wrongful death action

96
Q

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

A

Survival statue

97
Q

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

A

Joint tortfeasors

98
Q

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

A

Contribution

99
Q

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

A

Enterprise liability (industry-wide liability)

100
Q

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

A

Alternative liability

101
Q

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

A

Market share liability

102
Q

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

A

Concert of action

103
Q

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

A

Conspiracy

104
Q

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

A

Joint venture

105
Q

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

A

Vicarious liability

106
Q

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

A

Negligent entrustment

107
Q

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

A

Negligent supervision

108
Q

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

A

Family purpose doctrine

109
Q

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

A

Good Samaritan law

110
Q

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

A

Class action (class action lawsuit)

111
Q

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

A

Mass tort litiagation