AU 62 CHAPTER 1 - LEGAL FOUNDATIONS OF
LIABILITY UNDERWRITING UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
Question:
1. Trespasser
Answer:
A person who intentionally enters onto the property of another without
permission or any legal right to do so. A landowner or occupier owes a trespasser
a very minimal duty of care not to cause injury. For example, a landowner who sets
a trap for animals that injures a trespasser would not be liable for that harm.
However, if they use excessive force or case intentional harm, they can be held
liable, except in situations where force might be necessary; to remove a
trespasser. For example, rigging a shotgun to go off when the door is opened by
a trespasser would probably be considered excessive force.
Question:
2. Strict liability (absolute liability)
Answer:
Liability imposed by a court or by a statute in the absence of fault when harm
results from activities or conditions that are extremely dangerous, unnatural,
ultrahazardous, extraordinary, abnormal, or inappropriate.
Question:
3. Foreseeability rule
Answer:
A rule used to determine proximate cause when a plaintiff's harm is the natural
and probable consequence of the defendant's wrongful act and when an
ordinarily reasonable person would have foreseen the harm.
Question:
4. Forseeable
Answer:
The natural probable consequences in a chain of events. It focuses on whether a
prudent person knew or should have known that the consequences would occur.
, Question:
5. Proximate cause
Answer:
A cause that, in a natural and continuous sequence unbroken by any new and
independent cause, produces an event and without which the event would not
have happened.
Question:
6. Attractive nuisance doctrine
Answer:
A doctrine treating a child as a licensee, or guest, rather than a trespasser on land
containing an artificial and harmful condition that is certain to attract children.
Question:
7. Nuisance
Answer:
Anything interfering with another person's use or enjoyment of property.
Question:
8. License
Answer:
The permission to use real property for a particular purpose.
Question:
9. Licensee
Answer:
A person who has permission to enter onto another's property for his or her own
purposes. Firefighters and police officers are licensees when they enter property
to perform their duties. A volunteer helper is also a licensee; a lodge member
visiting another's house on lodge business; a social guest. A licensee takes the
property in the condition in which it exists. A landowner owes and affirmative duty
to the licensee to refrain from willfully or wantonly injuring the person or acting in
a way that would increase that person's peril. Usually, the occupiers is not liable
for the acts of third persons on the premises.
Question:
10. Implied License
Answer:
The permission to enter onto another's land arising out of a relationship between
the party who enters the land and the owner.
LIABILITY UNDERWRITING UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
Question:
1. Trespasser
Answer:
A person who intentionally enters onto the property of another without
permission or any legal right to do so. A landowner or occupier owes a trespasser
a very minimal duty of care not to cause injury. For example, a landowner who sets
a trap for animals that injures a trespasser would not be liable for that harm.
However, if they use excessive force or case intentional harm, they can be held
liable, except in situations where force might be necessary; to remove a
trespasser. For example, rigging a shotgun to go off when the door is opened by
a trespasser would probably be considered excessive force.
Question:
2. Strict liability (absolute liability)
Answer:
Liability imposed by a court or by a statute in the absence of fault when harm
results from activities or conditions that are extremely dangerous, unnatural,
ultrahazardous, extraordinary, abnormal, or inappropriate.
Question:
3. Foreseeability rule
Answer:
A rule used to determine proximate cause when a plaintiff's harm is the natural
and probable consequence of the defendant's wrongful act and when an
ordinarily reasonable person would have foreseen the harm.
Question:
4. Forseeable
Answer:
The natural probable consequences in a chain of events. It focuses on whether a
prudent person knew or should have known that the consequences would occur.
, Question:
5. Proximate cause
Answer:
A cause that, in a natural and continuous sequence unbroken by any new and
independent cause, produces an event and without which the event would not
have happened.
Question:
6. Attractive nuisance doctrine
Answer:
A doctrine treating a child as a licensee, or guest, rather than a trespasser on land
containing an artificial and harmful condition that is certain to attract children.
Question:
7. Nuisance
Answer:
Anything interfering with another person's use or enjoyment of property.
Question:
8. License
Answer:
The permission to use real property for a particular purpose.
Question:
9. Licensee
Answer:
A person who has permission to enter onto another's property for his or her own
purposes. Firefighters and police officers are licensees when they enter property
to perform their duties. A volunteer helper is also a licensee; a lodge member
visiting another's house on lodge business; a social guest. A licensee takes the
property in the condition in which it exists. A landowner owes and affirmative duty
to the licensee to refrain from willfully or wantonly injuring the person or acting in
a way that would increase that person's peril. Usually, the occupiers is not liable
for the acts of third persons on the premises.
Question:
10. Implied License
Answer:
The permission to enter onto another's land arising out of a relationship between
the party who enters the land and the owner.
