Quiz #1: Chapter 4

Question 1

tort

Answer 1

a civil wrong committed against a person or property for which a court provides a remedy in form of an action for damages.

Question 2

What are the categories of a tort ?

Answer 2

• negligence
• intentional torts
• strict liability

Question 3

negligence

Answer 3

commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.

Question 4

malpractice

Answer 4

negligence or carelessness of a professional person.

Question 5

what are the forms of negligence?

Answer 5

• malfeasance
• misfeasance
• nonfeasance

Question 6

malfeasance

Answer 6

performance of an unlawful or improper act.

Question 7

misfeasance

Answer 7

improper performance of an act, resulting in injury to another.

Question 8

nonfeasance

Answer 8

failure to act, when there is a duty to act as a reasonably prudent person would under similar circumstances.

Question 9

what are the degrees of negligence?

Answer 9

• slight
• ordinary
• gross negligence

Question 10

slight

Answer 10

minor deviation of what is expected under the circumstances.

Question 11

ordinary

Answer 11

failure to do what a reasonably prudent person would or would not do under the circumstances.

Question 12

gross negligence

Answer 12

the intentional or want on omission of required care or performance of an improper act.

Question 13

what are the elements of negligence?

Answer 13

• duty to care
• breach of duty
• injury
• causation

Question 14

duty to care

Answer 14

there must be an obligation to conform to a recognized standard of care.

Question 15

breach of duty

Answer 15

there must be a deviation from the recognized standard of care and a failure to adhere to an obligation.

Question 16

injury

Answer 16

actual damages must be established and if there are no injuries, no damages are due.

Question 17

causation

Answer 17

the departure from the standard of care must be the cause of the plaintiff’s injury and the injury must be foreseeable.

Question 18

intentional torts

Answer 18

involves intent and a willful act that violates another’s interests.

Question 19

assault & battery

Answer 19

deliberate threat coupled with apparent ability to do physical harm and intentional touching of another’s person in socially impermissible manner without a person’s consent.

Question 20

false imprisonment

Answer 20

unlawful restraint of individual’s personal liberty or unlawful restraining or confronting an individual. restraining patients without cause.

Question 21

defamation of character

Answer 21

injuring a person’s character, fame, or reputation by false and malicious statements. libel and slander. truth and privilege defense.

Question 22

fraud

Answer 22

an untrue statement known to be untrue by the party making it. justifiable reliance by the victim on the truth of the statement. damages as a result of that reliance.

Question 23

invasion of privacy

Answer 23

implied right to privacy in this country. cannot divulge information from a patients medical record to improper sources.

Question 24

infliction of mental distress

Answer 24

conduct that goes beyond the bounds tolerated by a descent society.

Question 25

product liability

Answer 25

liability of a manufacturer, seller, or supplier of chattels to a buyer, or other third party for injuries sustained because of a defect in a product.

Question 26

what are the negligence products liability?

Answer 26

• duty
• breach
• injury
• causation

Question 27

what are the types of breaches of warranty?

Answer 27

• express warranty

* implied warranty

Question 28

express warranty

Answer 28

specific promises or affirmation made by seller to the buyer.

Question 29

implied warranty

Answer 29

a guarantee of a product’s quality that is not expressed in a purchase contract.

Question 30

strict liability

Answer 30

responsibility without fault which makes it possible for an award of damages without any proof of manufacturer negligence.

Question 31

what are the products liability defenses?

Answer 31

• assumption of risk
• intervening cause
• contributory negligence
• comparative fault
• disclaimers