Topic 2: G & O Business Law Chapter 7 Terminology

Question 1

Actionable Per Se

Answer 1

Without the plaintiff needing to establish proof of damage.

Question 2

Contributory Negligence

Answer 2

Negligence by the plaintiff that has contributed to their loss, damage or injury.

Question 3

Negligence

Answer 3

An indirect interference with the person or property of the plaintiff.

Question 4

Reasonable Person

Answer 4

A hypothetical person who exercises what is considered to be the average care, skill and judgment that a reasonable person in the community or similar area of expertise would exercise.

Question 5

Res Ipsa Loquitur

Answer 5

A rule of evidence, meaning the facts speak for themselves’; a doctrine that provides that the elements of duty, breach and damage can sometimes be inferred from the nature of the accident even though the act of negligence cannot be exactly identified.

Question 6

Tort

Answer 6

A civil wrong other than a claim for a breach of contract.

Question 7

Voluntary Assumption of Risk

Answer 7

Where the plaintiff freely and voluntarily understood and assumed the risk that caused the injury.