Mod 2 Topic 1 + 2 Negligence and Resondeat Superior

Question 1

The primary purpose of ____ _____ is to compensate an individual who has suffered a loss due to someone else’s wrongdoing

Answer 1

Tort Law

Question 2

This classification of torts involves fault and intent

Answer 2

Intentional

Question 3

This classification of tort involves fault without intent

Answer 3

Negligence

Question 4

This classification of torts involves liability without fault

Answer 4

Strict liability

Question 5

When a person acts with callous indifference to the consequences of their behavior. Willful disregard for their duty to protect others

Answer 5

Gross Negligence

Question 6

The Elements of negligence

Answer 6

1. Duty
2. Breach
3. Causation
   A. in-fact / Actual causation
   B. Proximate cause
4. Injury / Damage

Question 7

True / False
All elements of negligence must be met to be held liable

Answer 7

True

Question 8

The defendant must have owed a duty ti the Plaintiff

Answer 8

Duty

Question 9

The defendant failed to conduct themselves ads a reasonable person would have in the same circumstances

Answer 9

Breach

Question 10

(causation) But for this breach, the injury would not have occurred

Answer 10

Causation in fact (actual causation)
But-for

Question 11

(causation) Was it foreseeable?

Answer 11

Proximate cause

Question 12

The plaintiff must have suffered a legally recognizable injury

Answer 12

Injury/Damage
Forseeability

Question 13

In order for someone to be held liable for negligence, both ______ and _______ causation must be established

Answer 13

Actual, proximate

Question 14

“Was the employee’s act ________ by the employer?”

Answer 14

authorized

Question 15

“Did the employee’s act occur within the _____ that the employee was working for the employer, and the place of employment?”

Answer 15

Time

Question 16

“Was the act one that was commonly _______ by employees on behalf of their employers?”

Answer 16

performed

Question 17

“Was the employee acting to _______ the business interest of the employer?”

Answer 17

promote

Question 18

“Was it _________ to the employer that the employee would perform the act?”

Answer 18

foreseeable

Question 19

“Did the employer provide the _____ or _________ by which the injury was inflicted?”

Answer 19

means, instrumentality

Question 20

T/F
Not all factors of a scope of employment must be met to be held liable

Answer 20

True

Question 21

Types of Monetary Damages

Answer 21

1. Compensatory
2. Punitive

Question 22

To compensate or reimburse the plaintiff for actual losses

Answer 22

Compensatory

Question 23

To punish the defendant and deter others from similar wrongdoings

Answer 23

Punitive

Question 24

“let the master respond”

Answer 24

Respondeat Superior