Quiz #1: Chapter 4 Flashcards
tort
a civil wrong committed against a person or property for which a court provides a remedy in form of an action for damages.
What are the categories of a tort ?
- negligence
- intentional torts
- strict liability
negligence
commission or omission of an act that a reasonably prudent person would or would not do under given circumstances.
malpractice
negligence or carelessness of a professional person.
what are the forms of negligence?
- malfeasance
- misfeasance
- nonfeasance
malfeasance
performance of an unlawful or improper act.
misfeasance
improper performance of an act, resulting in injury to another.
nonfeasance
failure to act, when there is a duty to act as a reasonably prudent person would under similar circumstances.
what are the degrees of negligence?
- slight
- ordinary
- gross negligence
slight
minor deviation of what is expected under the circumstances.
ordinary
failure to do what a reasonably prudent person would or would not do under the circumstances.
gross negligence
the intentional or want on omission of required care or performance of an improper act.
what are the elements of negligence?
- duty to care
- breach of duty
- injury
- causation
duty to care
there must be an obligation to conform to a recognized standard of care.
breach of duty
there must be a deviation from the recognized standard of care and a failure to adhere to an obligation.
injury
actual damages must be established and if there are no injuries, no damages are due.
causation
the departure from the standard of care must be the cause of the plaintiff’s injury and the injury must be foreseeable.
intentional torts
involves intent and a willful act that violates another’s interests.
assault & battery
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.
false imprisonment
unlawful restraint of individual’s personal liberty or unlawful restraining or confronting an individual. restraining patients without cause.
defamation of character
injuring a person’s character, fame, or reputation by false and malicious statements. libel and slander. truth and privilege defense.
fraud
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.
invasion of privacy
implied right to privacy in this country. cannot divulge information from a patients medical record to improper sources.
infliction of mental distress
conduct that goes beyond the bounds tolerated by a descent society.
product liability
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.
what are the negligence products liability?
- duty
- breach
- injury
- causation
what are the types of breaches of warranty?
- express warranty
* implied warranty
express warranty
specific promises or affirmation made by seller to the buyer.
implied warranty
a guarantee of a product’s quality that is not expressed in a purchase contract.
strict liability
responsibility without fault which makes it possible for an award of damages without any proof of manufacturer negligence.
what are the products liability defenses?
- assumption of risk
- intervening cause
- contributory negligence
- comparative fault
- disclaimers
