R.M. Ch. 11

Question 1

tort

Answer 1

is a legal wrong for which the court allows a remedy in the form of money damages

Question 2

Torts fall into three categories

Answer 2

o Intentional torts
o Strict liability
o Negligence

Question 3

Intentional Torts

Answer 3

Intentional acts or omissions that result in harm to another person or damage to their property

Question 4

Intentional Torts Include

Answer 4

o	Libel and slander
o	Invasion of privacy
o	Assault and battery
o	Trespass
o	False imprisonment

Question 5

Strict Liability

Answer 5

When liability is imposed regardless of negligence or fault

Question 6

Strict Liability Includes

Answer 6

o	Ownership of wild animals
o	Worker injuries under Workers Comp
o	Ultrahazardous activities
                Blasting
                Manufacturing of dangerous chemicals

Question 7

Negligence

Answer 7

is the failure to exercise the standard of care required by law to protect others from an unreasonable risk of harm

o “reasonably prudent person” standard

Question 8

Elements of Negligence

Answer 8

Existence of a legal duty to use reasonable care

Failure to perform that duty

Damage or injury to the claimant

Proximate cause relationship between the negligent act and the infliction of damages

Question 9

The law allows for the following types of damages:

Answer 9

o Compensatory damages
o Special damages
o General damages
o Punitive damages

Question 10

Compensatory damages

Answer 10

compensate the victim for losses actually incurred

Question 11

Special damages

Answer 11

(economic)

Question 12

General damages

Answer 12

(non-economic)

Question 13

Punitive damages

Answer 13

are designed to punish people and organizations and deter others from committing the same wrongful act

Question 14

Defenses to Negligence

Answer 14

• contributory negligence
• comparative negligence
• assumption of risk doctrine

Question 15

Contributory Negligence

Answer 15

the injured person cannot collect damages if his or her conduct contributed in any way to the injury

Question 16

Comparative Negligence

Answer 16

the financial burden of the injury is shared by both parties according to their respective degrees of fault

(i.e., you can collect damages even if you are partly at fault, but your reward is reduced in proportion to your fault)

Question 17

Assumption of Risk Doctrine

Answer 17

a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of an injury