BLAW 310 EXAM THREE FRED DAVIS QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026

BLAW 310 EXAM THREE FRED DAVIS QUESTIONS ANSWERED CORRECTLY LATEST UPDATE 2026 tort law - Answers how society compensates someone who has suffered a loss or injury due to another person's wrongful act wrongful act does NOT mean criminal nuclear verdicts - Answers lots of money is up for grabs depending on verdict shock verdicts (ex:wrongful deaths) - Answers what are driving up insurance claim costs? personal physical safety real estate or personal property intangible interests - Answers what is protected under tort law? Tortfeasor - Answers what is someone who commits a tort called (defendant)? compensatory and punitive damages - Answers what are the types of tort damages? special: money for money objectives general: subjective pain and suffering - Answers what are the types of compensatory damages and what do they mean? compensatory damages - Answers seeking to make plaintiff whole again loss of consortium - Answers losing the emotional and physical benefits of a spousal relationship punitive damages - Answers Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future example: hotel bed bug issue tort reform - Answers "cap" on general damage awards particularly when medical malpractice occurs; needed otherwise no one would be doctors premium - Answers monthly payment made to purchase an insurance policy and coverage buys you the coverage you decided on and pays for your defense attorney if you are sued for causing an accident personal injury lawsuit (PI suit) - Answers plaintiff suffers accident and survives but limited survivor's action - Answers plaintiff's child/spouse collects and makes claim for special damages and pain/suffering of plaintiff before he died negligence - Answers The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances (unintentional) defendant owed duty of care to the plaintiff defendant breached the duty defendant's breach caused injury (fault/liability) defendant caused damages to plaintiff - Answers what are the four elements of a tort? duty of care - Answers The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence act of commission - Answers failure to do something act of omission - Answers failure to warn someone business invitee - Answers A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes warn business invitees - Answers businesses cannot ensure safety but must do what? their knowledge and level of training - Answers why is a higher standard of care applied to professionals? malpractice - Answers Failure by a health professional to meet accepted standards causation in fact - Answers An act or omission without which an event would not have occurred proximate cause - Answers Legal cause that exists when the connection between an act and an injury is strong enough to justify imposing liability ex) Ackerman case assumption of risk superseding event contributory and comparative negligence - Answers what are the defenses to negligence? assumption of risk - Answers knowing of risk and still taking the chance (voluntary) superseding event - Answers an unforeseeable intervening event may break the connection between a wrongful act and an injury to another relieves defendant of liability for extra injuries contributory negligence - Answers A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault comparative negligence - Answers A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely Res Ipsa Loquitur Negligence Per Se Good Samaritan Statute Dram Shop Act - Answers what are special negligence statutes? Res Ispa Loquitur - Answers A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence means "the facts speak for themselves" Negligence Per Se - Answers An action or failure to act in violation of a statutory requirement Good Samaritan Statute - Answers A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm Dram Shop Act - Answers A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication strict liability - Answers liability that is imposed on certain activities regardless of fault abnormally dangerous activities product liability - Answers The legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods inadequate warnings foreseeable damage and misuse manufacturers, sellers, lessors - Answers who does product liability apply to? consumers, users, bystanders - Answers who can make a claim on product liability? no privy of contract and companies can absorb costs of injuries - Answers consumers should be protected and can't escape liability due to what? product defective when bought defendant engaged in business of selling product is unreasonably dangerous plaintiff incurred physical harm defective condition is proximate cause of injury product not substantially changed - Answers what are the requirements for strict product liability? it was defective at the time it left the hands of the seller and condition made it unreasonably dangerous - Answers the plaintiff doesn't have to show why or how a product became defective but must prove what? unreasonably dangerous product - Answers A product that is so defective that it is dangerous beyond the expectation of an ordinary consumer or a product for which a less dangerous alternative was feasible but the manufacturer failed to produce it manufacturing defect - Answers product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product design defect - Answers Made in conformity with the manufacturer's design specifications, but it nevertheless results in injury to the user because the design itself is flawed foreseeable risks of harm could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller omission of the instructions or warnings renders the product not reasonably safe - Answers when is a product considered defective? coverage - Answers the maximum dollar amount of insurance that the policy will cover for a claim trucking companies have high coverage because of catastrophic accidents "nuclear verdicts" - Answers these types of verdicts increase insurance costs, and ultimately the cost of transporting goods, which gets passed on to consumers comprehensive general liability insurance (CGL) - Answers the basic insurance all businesses have to provide coverage for claims against their companies for negligence key question is always "how much coverage do they have?" Excess (umbrella) insurance - Answers insurance that can be available to a claimant when there is insufficient coverage under the CGL policy but many businesses do not carry this 15/30/25 (liability coverage) - Answers basic minimum auto coverage required by law in Louisiana $15,000 maximum coverage for bodily injury of ONE person injured in the accident $30,000 maximum coverage for bodily injury for ALL persons injured in the accident $25,000 maximum coverage for all PROPERTY DAMAGE caused by the accident - Answers what does 15/30/25 mean? liability insurance - Answers the amount of coverage you would have for an accident where you are liable and at fault uninsured motorist coverage ("UM" insurance) - Answers this type of insurance can apply (1) if you purchased it from your own insurance company and (2) you are injured by someone who is at fault and they do not have insurance or enough of it to pay for damages also applies to hit and run accidents NO - Answers can your insurance company raise your rates if you make a claim for uninsured motorist coverage? a natural disaster or civil unrest disrupts business and causes physical damage to the business premises very expensive and not many businesses have this type of insurance - Answers what is the legal requirement for coverage under business interruption insurance? assault - Answers reasonable apprehension of immediate harmful or offensive conduct battery - Answers unexcused and harmful physical intentional touching of another; can be as harmful as a punch or offensive as an unwelcome kiss or touching false imprisonment - Answers confine or restrain a person without justification and becomes a business concern if someone accused of stealing Accused can be detained in reasonable manner for reasonable time (no waterboarding) intentional infliction of emotional distress - Answers extreme and outrageous conduct by a person that results in another person suffering emotional distress the conduct must exceed bounds of decency Social media bullying can possibly result in such claims - Answers what does outrageous mean in the context of intentional infliction of emotional distress? defamation - Answers wrongfully hurting another's reputation by the use of words libel and slander - Answers what are the types of defamation? libel - Answers some form of printed writing (even digital); Must be published slander (S for slander and speaking) - Answers ·speaking defamatory words it is hard to succeed in a slander or liable action against a public figure or politician - Answers what is an exception for slander? invasion of privacy - Answers intruding into another's affairs Erin Andrews example appropriation of identity - Answers subset of invasion of privacy appropriation of identity - Answers using another person's name or likeness without permission and for the benefit of the user People who impersonate entertainers should get entertainer's/celebrity's permission or their estate's permission which will cost money (Michael Jackson, etc.). trespass to land - Answers wrongful entry on property belonging to another conversion - Answers wrongful retaining of another's personal property (civil equivalent of theft)