Lecture 3 Flashcards

1
Q

Exposure of physical assets

A
  1. ownership- real (buildings) or personal (able to more -cars)
  2. use/possession - may lead to legal liability or loss
  3. valuation - new value of a house with work done
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2
Q

perils of physical assets

A

building falls apart-hurricane, tornado

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3
Q

hazards

A

an action, condition, or circumstance that makes a peril more likely to occur or a loss more likely to be suffered as a result of the peril

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4
Q

legal liability

A

the legal responsibility to remedy some harm experienced by another-typically financial

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5
Q

exposure of a legal liability

A

financial assets used to fulfill responsibility to pay for someone else’s harm (consider reputational losses as part of consequential/net income exposure later)

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6
Q

valuation (exposure of legal liability)

A

judgment/settlement - amount defendant is required to pay

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7
Q

special damages

A

economic damages (injury, medical bills, moped damage)

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8
Q

general damages

A

pain and suffering - hard to evaluate how much someone suffers

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9
Q

punitive damages

A

to punish and SEND A SIGNAL

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10
Q

costs of defense (exposure of legal liability)

A

reputational damage

consequential exposure

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11
Q

peril of a legal liability

A

the filing of the legal claim (not the occurrence of the harm)

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12
Q

hazard of legal liability

A

wrongful conduct, poor record keeping, operating in locations where laws are more favorable toward plaintiffs

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13
Q

examples of activities that could lead to legal liability

A

using a vehicle, manufacturing or selling products, providing services, acting as an employer, owning a vehicle

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14
Q

legal liability

A

financial responsibility to pay for someone else’s harm

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15
Q

categories of wrongful conduct

A

criminal wrongs and civil wrongs

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16
Q

criminal wrongs

A

wrong against society-punishment

ex: speeding-it’s a crime but i’m not hurting someone

17
Q

civil wrongs

A

wrong against an individual (corp., municipality)

18
Q

breaches of contract (civil wrong)

A

most common-legally enforceable agreement one part fails to do what they’re supposed to -the other party can sue (tenant/landlord agreement)

19
Q

tortious conduct (civil wrong) intentional

A

literally any civil wrong that is not a breach of contract

20
Q

tortious conduct (civil wrong) unintentional

A

basis of legal liability in US (our focus)

21
Q

common law

A

rules determined by court decisions
judiciary is the decider-case oriented
easier to change (more flexibility)
neg-you don’t know about the future changes

22
Q

civil law

A

rules determined by legislative bodies
mainly from legislation-written
not easy to change

23
Q

other types of law

A

communist/socialist
tribal
religiously based