Exam 1

Question 1

Whoever is responsible should bear the loss

Answer 1

Basis of tort law

Question 2

Refers to the concept that a person could reasonably predict or expect that their actions might lead to certain consequences or harm

Answer 2

Forseeability

Question 3

What are the 4 elements of negligence?

Answer 3

Duty, breach of duty, causation, injury/damages

Question 4

Contrtact has been agreed to but not completed

Answer 4

Executory contract

Question 5

The terms of a written agreement may not be changed by any prior oral discussions

Answer 5

Parole evidence rule

Question 6

Valid contract in which the law allows one or both parties the option of avoiding his or her legal obligations.

Answer 6

Voidable contract

Question 7

Amount agreed in advance to compensate the wronged party when a contract is breached. These must be written in contract.

Answer 7

Liquidated damages

Question 8

In order to be entitled to ___________, the subject matter of the contract must be unique or unusual and cannot easily be acquired elsewhere

Answer 8

Specific performance

Question 9

Heiarchy of law

Answer 9

First- US Supreme Court
Second- State Constitution
Third- Administrative Law
Fourth- Case Law

Question 10

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

Answer 10

Stare Decisis

Question 11

Plantiff must prove 51% of the evidence

Answer 11

Civil law

Question 12

Beyond reasonable doubt must be proved

Answer 12

Criminal law

Question 13

The participant expressly agrees to accept the inherent risks of the activity.

Answer 13

Primary assumption of risk

Question 14

The participant voluntarily encounters a known risk caused by the provider’s negligence, or participant’s failure to follow rules or warnings.

Answer 14

Secondary assumption of risk

Question 15

Those risks that are a normal, essential part of the activity that cannot be eliminated without changing the nature of the activity.

Answer 15

Inherent risks

Question 16

What type of comparitive nelgligence is used in Texas?

Answer 16

Modified comparative negligence

Question 17

If plaintiff’s conduct in any way contributes to his/her injury, there will be no recovery.

Answer 17

Contributory negligence

Question 18

What are the two exculpatory agreements in sport?

Answer 18

Waivers and agreement to participate

Question 19

The injured party agrees that the would-be tortfeasor is not liable for injuries/damages

Answer 19

Waiver

Question 20

What is the difference between the two types of exculpatory agreements?

Answer 20

Waiver is a contract and agreement to participate is not

Question 21

What are the two requirements in Texas for a valid waiver?

Answer 21

Has to be written, and in a different font to stand out (bold, underlined, etc)

Question 22

What are the two classes of risk management?

Answer 22

Severity and frequency

Question 23

What are the two goals of risk management?

Answer 23

Increasing safety for participants and spectators, and limiting financial exposure

Question 24

Establishes the defense of Express Primary Assumption of Risk

Answer 24

Agreement to participate

Question 25

DIM process

Answer 25

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

Question 26

Failure to perform in accordance with the terms of a contract.

Answer 26

Breach of contract

Question 27

Damages that repay the wronged party for the actual loss & expected gains.

Answer 27

Actual damages