Unit 3-4: Risk reduction Flashcards
Risk reduction
proactive efforts of real estate brokerage and professionals to anticipate, reduce, eliminate exposures to risk
Tort law
A wrong; private civil matter; personal injury, damage to reputation, damage to property
IS NOT breach of conduct
Tort law functions
Compensate for injuries; shift cost of injuries to responsible party; discourage risky behaviour in future; vindicate legal rights
Omission & commission
Failed to do something & did something you shouldn’t have done
Negligent tort
Carelessness, etc that injures another
Intentional tort
Aggressive willful injury to person or property
(trespass, slander, defamation, theft, fraud)
Strict liability tort
certain act then responsibility for it and damages therefrom
(producing defective products, using hazardous materials, etc)
Vicarious liability
one person is responsible for the actions of another (brokerage for agent) unless act occurs outside of business activities
Recovery of funds
Consumers have 1 year from date of judgment to apply for fund compensation; statutory declaration also required
$35k per claimant maximum of $350k
Errors and omissions insurance
covers claims from financial losses or damages related to errors, omissions, or negligence from RE practice, and includes legal defense costs