Quiz 6 Review Flashcards

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83
Q

Define:

attractive nuisance

A

a condition or machine on premises that poses a danger or special peril to children because of its attractiveness to them

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91
Q

Define:

comparative negligence

A

doctrine of tort law that allows a plaintiff to recover damages from a defendant in a negligence action even though the plaintiff is negligent to some degree but that reduces the plaintiff’s award based on the amount of the plaintiff’s negligence

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92
Q

Define:

compensatory damages

A

amount awarded a plaintiff to compensate for injury or losses suffered

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97
Q

Define:

contributory negligence

A

a common law rule that provides that where a plaintiff’s own negligence contributed to an injury, the plaintiff is barred from recovering damages against a defendant

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101
Q

Define:

defamation

A

a tort involving the injury to one’s reputation by the malicious or reckless dissemination of a falsehood

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105
Q

Define:

duty

A

an obligation that a person has by law or contract

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108
Q

Define:

foreseeable

A

an event that a reasonable person would ordinarily anticipate from one’s act or failure to act

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110
Q

Define:

gross negligence

A

carelessness of an outrageous character

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114
Q

Define:

intentional acts

A

acts committed purposely

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118
Q

Define:

intervening act

A

an act (either human or natural) that occurs after an original tortious act. Can excuse the original tortfeasor from liability unless the tortfeasor should have anticipated the occurrence of the intervening act.

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120
Q

Define:

invitee

A

one who is expressly or impliedly invited. Generally refers to entry on another’s land or into another’s premises.

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123
Q

Define:

licensee

A

a person privately granted right to use property, such as a house guest

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126
Q

Define:

negligence

A

the failure to exercise ordinary care or caution

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127
Q

Define:

negligence per se

A

an act or omission in violation of a duty imposed by statute or ordinance for the protection of persons or property

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132
Q

Define:

nuisance

A

an unlawful or unreasonable use of a person’s property that results in an injury to another or to the public

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138
Q

Define:

proximate cause

A

the cause that is nearest a given effect in a causal relationship

141
Q

Define:

punitive damages

A

a sum of money awarded t to the plaintiff in a civil case as a means of punishing the defendants for wrongful conduct

152
Q

Define:

tort

A

a wrong or injury other than a breach of contract for which the remedy is a civil suit for damages

157
Q

Define:

vicarious liability

A

liability of one person in place of another

160
Q

Define:

wrongful death acts

A

statutory laws that allow a tort action against a person responsible for the wrongful death of an individual.

161
Q

non-economic damages

A

compensations claimed against intangible harms such as severe pain, physical and emotional distress or loss of consortium

162
Q

economic damages

A

compensation for calculable losses, such as lost wages or medical bills

163
Q

prima facie

A

“On its face.” In tort law, a case that establishes the basic elements of duty, breach of duty, causation and damages.