Ex (Quizlet 1) (pt2)

Question 1

What factors determine whether a party is competent or not?

Answer 1

Age, mental health

Question 2

What is meant by legal subject matter?

Answer 2

Can’t contract something that is illegal

Question 3

What are the types of contracts?

Answer 3

Written or oral

Express or implied

Question 4

What are the remedies sought in contract?

Answer 4

Specfic performance

Damages

Question 5

What are liquidated damages?

Answer 5

Damages assessed when contractual obligations are not met

Question 6

What are the defenses in contract law?

Answer 6

Elemental
Performance
Impossibility
Sovereign immunity
Frustration of performance
Statute of limitations
Res judicata

Question 7

How long is a typical statute of limitations?

Answer 7

4-6 years

Question 8

What does Res judicata mean?

Answer 8

Already settled

Question 9

What are enabling statutes, administrative laws, and prescriptive statutes?

Answer 9

Government contracts

Question 10

Much of contract is a matter of what?

Answer 10

Common law

Question 11

In the area of government contracts, what does not hold as true as in regular contract law?

Answer 11

Government contract law is not as much a matter of common law

Question 12

Against what are torts committed?

Answer 12

A person (real or corporate) 
A person's property

Question 13

What are the types of tort?

Answer 13

Torts of strict liability
Intentional torts
Negligent torts

Question 14

Which type of tort is healthcare most concerned with?

Answer 14

Negligent tort

Question 15

What are some examples of intentional torts?

Answer 15

Defamation
Intentional infliction of emotional distress
Assault
Battery

Question 16

Are negligent torts intentional?

Answer 16

No

Question 17

What are the components of negligent torts?

Answer 17

Duty
Negligent breach of duty
Injury
Causation

Question 18

Which of the components of negligent torts is hard to prove?

Answer 18

Causation

Question 19

In negligent medical torts, what is meant by failure to meet the standard of care?

Answer 19

Failure to consult
Failure to refer
Failure to obtain informed consent
Abandonment
Breach of confidentiality

Question 20

Describe torts of strict liability.

Answer 20

Unleashing a dangerous instrumentality

Question 21

What are the two types of damages in torts?

Answer 21

Compensatory

Punitive

Question 22

What are the two types compensatory damages in torts?

Answer 22

General (including Hedonic)

Special

Question 23

WHat are the types of defenses in torts?

Answer 23

Elemental
Good Samaritian
Res Judicata
Truth
Sovereign immunity
assumption of the risk

Question 24

What is another term for negligent torts?

Answer 24

Legally actionable negligence

Question 25

What are the components of individual negligence?

Answer 25

Duty
Negligent breach of duty
Injury
Causation

Question 26

Are the components of corporate neligence and individual negligence the same?

Answer 26

Yes

Question 27

What does respondeat superior mean?

Answer 27

Let the master answer

Meaning makes the employer liable

Question 28

What is the medical standard of care?

Answer 28

To act as a reasonable and prudent Physician Assistant would act under the same or similar circumstances