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FI 341 > FI 341 Chapter 19: Liability > Flashcards

FI 341 Chapter 19: Liability Flashcards

1
Q

Legal Wrong

A

A violation of a person’s legal rights, or a failure to perform a legal duty owed to a certain person or to society as a whole

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2
Q

Contract

A

An agreement between two or more parties that is legally enforceable

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3
Q

Tort

A

A legal wrong for which the court allows a remedy in the form of money damages OR a civil wrong arising out of contract

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4
Q

Plaintiff

A

The person who claims injury due to the action or inaction of another; can sue for damage

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5
Q

Tortfeasor or Defendant

A

Person who allegedly damages plaintiff

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6
Q

Intentional Tort

A

Intentional act resulting in harm (e.g., fraud, assault, slander, libel)

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7
Q

Strict Liability Tort

A

Liability is imposed without regard to fault or negligence

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8
Q

Negligence

A

The failure to exercise the standard of care required by law to protect others from an unreasonable risk of harm

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9
Q

Proximate Cause Relationship

A

A relationship/connection that requires an unbroken chain of events

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10
Q

Compensatory Damages

A

Compensating the victim for losses actually incurred

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11
Q

Special Damages (Economic)

A

Example: Medical expenses

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12
Q

General Damages (Non-economic)

A

Example: Pain and Suffering

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13
Q

Punitive Damages

A

Designed to punish people and organizations so that others are deterred from committing the same wrongful act

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14
Q

Assumption of Risk

A

A person who understands and recognizes the danger inherent in a particular activity can’t recover damages for an injury

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15
Q

Contributory Negligence (Common Law Doctrine)

A

The plaintiff can’t collect damages if his/her negligence contributed in any way to the loss

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16
Q

Comparative Negligence

A

Modifies common law doctrine of contributory negligence; Financial burden of injury is shared by both parties according to their respective degrees of fault.

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17
Q

Pure Rule (Comparative Negligence)

A

Plaintiff can collect damages even if negligent, but the award reward is reduced in proportion to the plaintiff’s fault

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18
Q

49 Percent Rule (Comparative Negligence)

A

Plaintiff can collect (reduced) damages only if his/her negligence is less than the defendant’s negligence

19
Q

50 Percent Rule (Comparative Negligence)

A

Plaintiff can collect (reduced) damages only if his/her negligence is not greater than defendant’s negligence

20
Q

Fellow Servant Rule (Antiquated)

A

The ability to collect damages for negligence may depend on state law, which sometimes modifies common law rules

21
Q

Last Clear Chance Rule

A

Modifies contributory negligence doctrine; A plaintiff who is endangered by his/her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so

22
Q

Fellow Servant Rule

A

Injuries by a fellow employee are not the responsibility of the employer (antiquated)

23
Q

Imputed Negligence

A

The negligence of one person can be attributed to another person (Example: agent/principal relationships)

24
Q

Vicarious Liability Law (Imputed Negligence)

A

A motorist’s negligence is imputed to the vehicle’s owner

25
Q

Family Purpose Doctrine

A

The owner of an auto can be held liable for negligent acts committed by family members

26
Q

Dram Shop Law

A

A business that sells liquor can be held liable for damages that may result from the sale of liquor

27
Q

Res Ipsa Loquitur

A

“The thing speaks for itself”; The very fact that the injury or damage occurs establishes a presumption of negligence on behalf of the defendant (Example: A dentist extracts the wrong tooth)

28
Q

Res Ipsa Loquitur (Three Requirements)

A

The event is one that normally does not occur in the absence of negligence; The defendant has exclusive control over the instrumentality causing the accident; The injured party has not contributed to the accident in any way

29
Q

Trespasser

A

A person who enters or remains on the owner’s (or occupant’s) property without the owner’s consent; Duty: Refrain from injuring a trespasser (sometimes referred to as The Duty of Slight Care)

30
Q

Licensee

A

A person who enters the premises with the occupant’s expressed or implied permission (Example: A door-to-door salesperson, a guest at a party); Duty: Owner must warn the licensee of unsafe conditions or activities which are apparent

31
Q

Invitee

A

A person who is invited onto the premises for the benefit of the occupant (Example: Customer in a store); Duty: To inspect the premises and eliminate any dangerous conditions

32
Q

Attractive Nuisance

A

A hazardous condition that can attract and injure children; Owners/occupants of land are liable for injuries to children who may be attracted by some dangerous condition, feature, or article; (Example: A contractor leaves keys in ignition, child drives vehicle and gets injured)

33
Q

Sovereign Immunity

A

Historically, some entities were granted immunity from suit

34
Q

Governmental Entities

A

Today, can be sued in almost every aspect of governmental activity

35
Q

Proprietary Function

A

A governmental unit can be held liable if it is negligent in the performance of a proprietary function (Example: The operation of water plants)

36
Q

Governmental Function

A

Immunity from lawsuits for governmental functions, such as the planning of a sewer system, has been eroded

37
Q

Charitable Institutions

A

No longer immune from lawsuits, especially with respect to commercial activities

38
Q

Respondeat Superior

A

An employer can be held liable for the negligent acts of employees while they are acting on the employer’s behalf, as long as the worker is an employee and is acting within the scope of employment when the negligent act occurred

39
Q

Collateral Source Rule

A

Under the collateral source rule, the defendant cannot introduce any evidence that shows the injured party has received compensation from other collateral sources

40
Q

Joint and Several Liability Rule

A

Under this rule, several people may be responsible for injury, but a defendant who is only slightly responsible may be required to pay the full amount of damages

41
Q

Alternative Dispute Resolution (ADR)

A

A technique for resolving a legal dispute without litigation

42
Q

Arbitration (ADR)

A

Parties to a dispute agree to be bound by the decision of an independent third party

43
Q

Mediation (ADR)

A

A neutral third party tries to arrange a settlement without resorting to litigation

FI 341 (7 decks)

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