Final deck 2

Question 1

Comparative negligence

Answer 1

tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident.

Question 2

contributory negligence

Answer 2

failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury suffered, and sometimes reducing the amount recovered from the defendant.

Question 3

libel

Answer 3

published false statement that is damaging to a person’s reputation; a written defamation

Question 4

puffery

Answer 4

exaggerated or false praise usually used as a defense of salesmen

Question 5

Slander

Answer 5

action or crime of making a false spoken statement damaging to a person’s reputation

Question 6

Offeree

Answer 6

someone who receives an offer

Question 7

Offeror

Answer 7

One who makes an offer to another

Question 8

product liability

Answer 8

refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.

Question 9

Quasi Contract

Answer 9

an obligation of one party to another imposed by law independently of an agreement between the parties

Question 10

Unilateral contract

Answer 10

type of agreement where one party (sometimes called the offeror) makes an offer to a person, organization, or the general public.

Question 11

Strict liability

Answer 11

liability which does not depend on actual negligence or intent to harm.

Question 12

Do negligent actions involve intentional acts?

Answer 12

no

Question 13

statute of limitations

Answer 13

a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.

Question 14

tortfeasor

Answer 14

a person who commits a tort

Question 15

In contract law, is intent determined by an objective theory or subjective theory of contracts?

Answer 15

objective

Question 16

different types of damages available in a torts case

Answer 16

general damages, special damages, punitive damages

Question 17

examples of objective facts

Answer 17

can be proved true through methods

Question 18

elements required for valid contract

Answer 18

mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

Question 19

standard of care used for professionals

Answer 19

judged based on what a reasonably competent provider with the same level of training would have done under the circumstances.

Question 20

Promisor V. Promisee

Answer 20

A promisor is a party that makes promises to benefit the third-party beneficiary. A promisee is a party who pays consideration to obtain the promisor’s promise.

Question 21

Executed v. Executory

Answer 21

performed vs not performed yet

Question 22

Express v. implied contracts

Answer 22

express contract is proved by an actual agreement (either written or oral), and a contract-implied-in-fact is proved by circumstances and the conduct of the parties.

Question 23

Defamation

Answer 23

the action of damaging the good reputation of someone; slander or libel.

Question 24

ambiguous contract situations

Answer 24

if it is reasonably susceptible to more than one interpretation or construction

Question 25

fraud v. negligence v. puffery

Answer 25

fraud: wrongful or criminal deception intended to result in financial or personal gain

Question 26

Trespassing

Answer 26

person enters onto the land of another without permission or the legal right to be there

Question 27

Trespassing

Answer 27

person enters onto the land of another without permission or the legal right to be there

Question 28

categories of product defects

Answer 28

design defects, manufacturing defects, and warning/instruction defects.

Question 29

Assault

Answer 29

make a physical attack on

Question 30

appropriation

Answer 30

the action of taking something for one’s own use, typically without the owner’s permission.

Question 31

what plaintiff needs to succeed on a negligence claim

Answer 31

prove that the defendant’s actions were the actual cause of the plaintiff’s injury

Question 32

good Samaritan statute

Answer 32

give liability protection against “ordinary negligence.”