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CPCU 530 > Tort Law > Flashcards

Tort Law Flashcards

1
Q

Elements of negligence

A

Owed duty of care

Breached duty of care

Proximate cause

Actual injury/damage

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2
Q

Reasonable person test

A

Whether person’s conduct would be the conduct of a reasonable person under the circumstances

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3
Q

High degree of care situations

A

Common carriers

People who handle/store dangerous materials

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4
Q

Proximate cause

A

Cause that produces and event and without which the event would not have happened

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5
Q

“Lighted squib case”

A

Original thrower of squib found at fault though squib was thrown after that

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6
Q

“But for” rule

A

Plantiff’s harm could not have occurred but for the defendant’s act

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7
Q

Substantial factor rule

A

Used to determine proximate cause by determining which of the acts are significant factors in causing the harm

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8
Q

Forseeability rule

A

When an ordinary person would have forseen the harm

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9
Q

Concurrent causation

A

When each of two or more defendants is liable for the entire harm

If a loss can be attributed to two causes, one of which excludes the loss but one which is covered, the policy covers the loss

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10
Q

Negligence per se

A

Act considered inherently negligent because of a violation of a law or ordinance

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11
Q

Res ipsa loquitur

A

In some circumstances, negligence is inferred simply by an accident occurring

  • probability that defendant was negligent
  • defendant’s duty to rebut inference as the party who had exclusive control and superior knowledge of circumstances
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12
Q

Contributory negligence

A

If fault > 0%, can not recover damages

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13
Q

Comparative negligence

A

Loss is shared according to respective degrees of fault

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14
Q

Last clear chance

A

Holds party with last clear chance to avoid harm and fails to do so solely responsible for the harm

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15
Q

Pure comparative negligence rule

A

If fault < 100%, can recover damages

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16
Q

50 percent comparative negligence rule

A

If fault <= 50%, can recover damages

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17
Q

49 percent comparative negligence rule

A

Allows recovery of reduced damages as long as plantiff’s negligence is less than other party’s negligence

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18
Q

Slight vs. gross rule

A

Court decides proportions of damage

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19
Q

Proprietary function

A

Not considered part of the business of government and could be performed by a private enterprise

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20
Q

Statute of limitations

A

Requires plantiff to file a lawsuit within a specific time period after the cause of action has accrued

21
Q

Statute of repose

A

Requires plantiff to file a lawsuit within a specific time period after a wrongful act by a defendant, regardless of when the injury occurred

22
Q

Attractive nuisance

A

Treats children as licensees on land containing artificial and harmful condition certain to attract children

23
Q

Battery

A

Intentional harmful or offensive physical contact

24
Q

Assault

A

Threat of force against another personccreating fear

25
Q

Defamation

A

False written or oral statement harming another’s reputation

26
Q

Libel

A

Written defamatory statement

27
Q

Slander

A

Defamation by speech

28
Q

Comparative advertising

A

When product A makes a direct comparison to product B by name

29
Q

Trade libel (product disparagement)

A

Intentionally false or misleading statements about the quality of the plantiff’s product, resulting in financial damage

30
Q

Six elements of fraud

A

False representation

Misrepresentation is material

Knowingly made in reckless disregard for the truth

Made with intent to influence or deceive

Party places reasonable reliance on its truth

Actual damage results

31
Q

Unfair competition

A

Deception, starting when one party deceives the public into buying its product in the mistaken belief that it is another party’s product

32
Q

Wrongful-life actions

A

Lawsuit arising from a non-diagnosis of birth defects

33
Q

Wrongful-pregnancy action

A

Damages resulting from pregnancy following a failed sterilization

34
Q

Conversion

A

Exercise of control over another person’s personal property to the detriment of the owner

35
Q

Strict liability

A

Absolute in nature in absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural,…

36
Q

Liability for animals

A

Does not apply to dogs and cats (unless propensity to harm); absolutely applies for wild animals

37
Q

Five elements of proof in a products liability lawsuit (based on strict liability)

A

Seller was in business of selling products

Defect made it unreasonably dangerous

Product was defective when it left custody

Defect was proximate cause

Product reached consumer without substantial change in condition

38
Q

Three major types of product defects

A

Defect in manufacture or assembly

Defect in design

Failure to warn

39
Q

Defenses to product liability lawsuits

A

State of the art

Compliance with statutes

Open and obvious danger

Plantiff’s knowledge

Comparative negligence

Misuse of product

Alteration of product

40
Q

Special damages

A

Awards sum of money for specific identifiable expenses associated with injured person’s loss

41
Q

General damages

A

Compensates for losses such as pain and suffering (no specific measurable expenses)

42
Q

Survival statutes

A

Preserves right of a person’s estate to recover damages the person sustained between injury and death

43
Q

Enterprise liability

A

Requires each member of industry responsible for manufacturing harmful product to share responsibility

44
Q

Alternative liability

A

Shifts burden of proof to each of several defendants when it is uncertain which one caused the injury

45
Q

Conspiracy

A

When two or more parties worked together to commit an unlawful act

46
Q

Vicarious liability

A

When one party is held liable for the actions of a subordinate or associate (due to relationship between the parties)

Ex: Principal/agent, employer/employee, parent/child

47
Q

Family purpose doctrine

A

Holds owner of an automobile kept for family use vicariously liable for the damages incurred by a family member while using said auto

48
Q

Good Samaritan laws

A

Person will not be liable for damages as a result of rendering aid to an injured person without compensation

49
Q

Four features of class action suit

A

Numerosity

Commonality

Typicality

Adequacy of representation

CPCU 530 (8 decks)

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