Relief

Question 1

Injunctive relief

Answer 1

Need person to start or stop doing something. The tort must be repeating and on going.

Question 2

Punitive damages

Answer 2

Malice/ ill will behavior/reckless

Question 3

Compensatory

Answer 3

When breaking the law

Question 4

Nominal damages

Answer 4

Damage is not required. Can get get on tress pass alone.

Question 5

Indemnified

Answer 5

When there are two or more joint tortfeasors and one pays the full portion for both, them have the right to be reimbursed

Question 6

Contribution

Answer 6

-Sharing the financial burden among joint Wrongdoers.

-Only available for neg torts not intentional (if one actor committed a neg tort and the other committed int. Not available)

Question 7

Comparative

Answer 7

D damages minus p’s share in damages

Question 8

Speculation

Answer 8

Statements not based on factual info

Question 9

Assumption of risk

Answer 9

a victim is barred from recovering damages if the injury results from the victim having knowingly and voluntarily chosen to encounter the risk of injury posed by the actor’s conduct.

Question 10

Ind. k and apparant au

Answer 10

Er’s are not liable for ind. k’s unless
- agent to act on behalf of a principal, even if not expressly granted. This can arise if a third party reasonably infers, from the principal’s conduct, that the principal granted this power to the agent.
-er supplied materials to the installer,
-the installer’s truck bore the manufacturer’s logo,
-the manufacturer was aware of the installer’s activities.

Question 11

Ind k and non delegable duties

Answer 11

Thing in public space non del
Abnorm dang non del
Owner and contractor liable
Even if owner would be indemnified

Question 12

Negligent hiring and ER responsibility

Answer 12

When ee messes up while on duty and the question is whether ee was still in the scope of work
Liability for negligent hiring arises when an employer fails to exercise reasonable care in choosing an employee to perform particular duties. However, that liability is limited in scope (only to the duties ee is assigned)

Question 13

Vicious liability ER responsible for EE

Answer 13

Vicarious liability requires that an employee is acting within the scope of employment or that the tortious act was authorized or instructed by the employer. If an independent contractor, and not an employee there can be no vicarious liability
UNLESS the ind. contractor is in a inherently dangerous action to make er liable unless er excersise due care in selecting ems firm such as being licensed and trained.

Question 14

ER responsibility for ind. K and exception

Answer 14

Er not responsible for ind. contractor when is in a inherently dangerous action to make er liable

unless er excersise due care in selecting ems firm such as being licensed and trained.