Exam 1 Flashcards
Whoever is responsible should bear the loss
Basis of tort law
Refers to the concept that a person could reasonably predict or expect that their actions might lead to certain consequences or harm
Forseeability
What are the 4 elements of negligence?
Duty, breach of duty, causation, injury/damages
Contrtact has been agreed to but not completed
Executory contract
The terms of a written agreement may not be changed by any prior oral discussions
Parole evidence rule
Valid contract in which the law allows one or both parties the option of avoiding his or her legal obligations.
Voidable contract
Amount agreed in advance to compensate the wronged party when a contract is breached. These must be written in contract.
Liquidated damages
In order to be entitled to ___________, the subject matter of the contract must be unique or unusual and cannot easily be acquired elsewhere
Specific performance
Heiarchy of law
First- US Supreme Court
Second- State Constitution
Third- Administrative Law
Fourth- Case Law
When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court’s decision
Stare Decisis
Plantiff must prove 51% of the evidence
Civil law
Beyond reasonable doubt must be proved
Criminal law
The participant expressly agrees to accept the inherent risks of the activity.
Primary assumption of risk
The participant voluntarily encounters a known risk caused by the provider’s negligence, or participant’s failure to follow rules or warnings.
Secondary assumption of risk
Those risks that are a normal, essential part of the activity that cannot be eliminated without changing the nature of the activity.
Inherent risks
What type of comparitive nelgligence is used in Texas?
Modified comparative negligence
If plaintiff’s conduct in any way contributes to his/her injury, there will be no recovery.
Contributory negligence
What are the two exculpatory agreements in sport?
Waivers and agreement to participate
The injured party agrees that the would-be tortfeasor is not liable for injuries/damages
Waiver
What is the difference between the two types of exculpatory agreements?
Waiver is a contract and agreement to participate is not
What are the two requirements in Texas for a valid waiver?
Has to be written, and in a different font to stand out (bold, underlined, etc)
What are the two classes of risk management?
Severity and frequency
What are the two goals of risk management?
Increasing safety for participants and spectators, and limiting financial exposure
Establishes the defense of Express Primary Assumption of Risk
Agreement to participate
DIM process
Define, Identify, and Measure, and involves the following steps:
Define: Define the scope of the program
Identify: Identify potential risks
Measure: Measure the likelihood and potential impact of the risks
Failure to perform in accordance with the terms of a contract.
Breach of contract
Damages that repay the wronged party for the actual loss & expected gains.
Actual damages
