CPCU 530 Ch. 6 Flashcards
A wrongful act or an omission, other than a crime or a breach of contract, that invades a legally protected right
Tort
A person or an organization that has committed a tort
Tortfeaser
The person or entity who files a lawsuit and is named as a party
Plaintiff
The party in a lawsuit against whom a complaint is filed
Defendant
An obligation imposed by law for the preservation of the legally protected rights of others
Legal duty
A written law passed by a legislative body at either the federal or state level
Statue
Laws that develop out of court decisions in particular cases and establish precedents for future cases
Common law (case law)
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
Reasonable person test
Airline, railroads, or trucking companies that furnish transportation to any member of the public seeking their offered services
Common carries
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
Proximate cause
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
‘But for’ rule
A rule used to determine proximate cause of a loss by determining which of the acts are significant factors in causing the harm
Substantial factor rule
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
Foresee-ability rule
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
Intervening act
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
Concurrent causation (concurrent causation doctrine)
An act that is considered inherently negligent because of a violation of a law or an ordinance
Negligence per se
A legal doctrine that provides that provides that, in some circumstances, negligence is inferred simply by an accident occurring
Res ipsa loquitur
The control of only one person or entity; in tort law the control by the defendant alone of an instrument that caused harm
Exclusive control
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
Comparative negligence
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
Contributory Negligence
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
Last clear chance doctrine
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
Assumption-of-risk defense
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
Pure comparative negligence rule
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
50 percent comparative negligence rule
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
49 percent comparative negligence rule
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
Slight versus gross rule
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
Release
An act or omission that completely disregards the safety or rights of others and is exaggerated or aggravated in nature
Gross negligence
A defense that, in certain instances, shields organizations or persons from liability
Immunity
A defense to negligence that protects the government against lawsuits for tort without its consent
Sovereign Immunity (governmental immunity)
A local government’s act that is not considered part of the business of government and that could be performed by a private enterprise
Proprietary function
An act that can be performed only by the government
Governmental function
An act, decision, a recommendation, or an omission made by a government official or agency within the authority of that office or agency
Administrative act (discretionary act)
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
Ministerial act
A defense that shields charitable organizations from liability
Charitable immunity
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
Inter spousal immunity
A defense to negligence that grants immunity to parents from their children’s lawsuits for torts
Parent-child immunity
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
Statue of limitations
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
Status of repose
A person who intentionally enters onto the property of another without permission or any legal right to do so
Trespasser
Anything interfering with another person’s use or enjoyment of property
Nuisance
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
Attractive nuisance doctrine
A person who has permission to enter onto another’s property for his or her own purposes
Licensee
Person who enters a premises for the financial benefit of the owner or occupant
Invitee