Risk Management Definitions

Question 1

Affirmative Defense

Answer 1

A defendant’s defense to a claim that may include assumption of risk, duress, statue of limitations or failure of contract.

Question 2

Exculpatory Language

Answer 2

Language in an agreement designed to make the participant waive or appear to waive any legal rights, or that appears to release the program/provider from liability for negligence.

Question 3

Indemnity Language

Answer 3

Language that attempts to require a participant to reimburse the provider should another party bring a claim.

Question 4

In Loco Parentis

Answer 4

The provider takes the “place of the parent”.

Question 5

Laws of Consortium

Answer 5

Damages may be sought by a spouse whose husband or wife has been hurt or killed by another.

Question 6

Respondeat Superior

Answer 6

“Let the master answer” for the acts of an employee acting within their scope of employments.

Question 7

Contributory Negligence

Answer 7

Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant.

Question 8

Comparative Fault

Answer 8

Allows a court to determine the defendant’s fault/negligence and the plaintiff’s contributory fault/negligence

Question 9

Tort

Answer 9

A wrong doing against a person who suffers damages.

Question 10

Intentional Tort

Answer 10

Assault, fraud, slander, misrepresentation.

Question 11

Unintentional Tort

Answer 11

Wrong doings based on negligence.

Question 12

Appeal

Answer 12

Action taken by a party disappointed with the lower court’s ruling, seeking a higher courts review.