Quiz 6 Review

Question 83

Define:

attractive nuisance

Answer 83

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

Question 91

Define:

comparative negligence

Answer 91

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

Question 92

Define:

compensatory damages

Answer 92

amount awarded a plaintiff to compensate for injury or losses suffered

Question 97

Define:

contributory negligence

Answer 97

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

Question 101

Define:

defamation

Answer 101

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

Question 105

Define:

duty

Answer 105

an obligation that a person has by law or contract

Question 108

Define:

foreseeable

Answer 108

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

Question 110

Define:

gross negligence

Answer 110

carelessness of an outrageous character

Question 114

Define:

intentional acts

Answer 114

acts committed purposely

Question 118

Define:

intervening act

Answer 118

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.

Question 120

Define:

invitee

Answer 120

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

Question 123

Define:

licensee

Answer 123

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

Question 126

Define:

negligence

Answer 126

the failure to exercise ordinary care or caution

Question 127

Define:

negligence per se

Answer 127

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

Question 132

Define:

nuisance

Answer 132

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

Question 138

Define:

proximate cause

Answer 138

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

Question 141

Define:

punitive damages

Answer 141

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

Question 152

Define:

tort

Answer 152

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

Question 157

Define:

vicarious liability

Answer 157

liability of one person in place of another

Question 160

Define:

wrongful death acts

Answer 160

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

Question 161

non-economic damages

Answer 161

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

Question 162

economic damages

Answer 162

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

Question 163

prima facie

Answer 163

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