2024 CISR Commercial Casualty I Lesson 1 L Questions and Answers 100% Solved correctly

Legal Liability - Answer-A responsibility or obligation to others, which courts recognize and enforce. In general failure to meet this duty often results in the imposition of monetary damages. 3 Types of Legal Liability - Answer-Tort Liability, Statutory Liability, Contractual Liability 4 Types of Tort Liability - Answer-Negligence, Intentional Torts, Strict Liability, Absolute Liability Name the four requirements of a negligent tort (long version) - Answer-1. Duty owed by negligent party to another party, 2. Breach of that Duty, 3. Actual Injury or Loss must occur, 4. There has to be a close cause and effect (proximate cause) relationship between the breach of that duty and the injury or loss. 4 requirements of a negligent tort (short version) - Answer-1. Duty owed, 2. Breach of Duty, 3. Proximate Cause, 4. Damages Intentional Tort Definition - Answer-An intentional or voluntary act where the person or organization committing the act is expressly or implicitly deemed to have possessed intent or purpose to injure. The person or organization committing the act can be held legally liable for that injury or loss. Intentional Tort Examples - Answer-1. Libel, 2. Slander, 3. Wrongful entry or wrongful eviction, 4. Assault and/or battery, 5. Wrongful detention, 6. False Arrest, 7. Copyright infringement, trademark infringement, etc... Strict Liability (Tort) Definition - Answer-Concept applied by the courts in product liability suits in which a manufacturer, distributor or seller is liable for any and all defective or hazardous products that unduly threaten a consumer's health and safety. Strict Liability (Tort-Products Liability) Coverage trigger - Answer-Has to be proved that the product that caused the damage was defective and the defect rendered that product unreasonably dangerous. The element of proximate cause is not applicable.Defective Product (Tort-Strict/Products Liability) - Answer-A defect in manufacture, design or failure to adequately warn of a hazard involved in the foreseeable use of the product. (ladder that only holds 250 pounds but doesn't have that clearly displayed as a warning on the product) Absolute Liability (Tort) Definition - Answer-When conditions or activities are inherently dangerous. Liability without regard to fault. Certain activities create such a serious risk of harm that it is justifiable to place liability for any injury or damage on the person or organization engaging in the activity, even what every precaution to prevent or reduce damages has been taken. All that has to be proved is that an injury or damage occurred because of the activities. Absolute Liability (Tort) Examples - Answer-1. Explosive or blasting operations, 2. Dangerous animals, 3. Hazardous material operations Statutory Liability Definition - Answer-Liability arising out of specific rules or laws (statutes) enacted by a legislative body providing direction or prohibition. Statutory Liability Examples - Answer-1. Workers Compensation Statutes, 2. Dram Shop or Liquor Liability Statutes, 3. Environmental Protection Statutes, 4. Americans With Disabilities Act, related rulings and state statutes, 5. Employment Liability through statutes and EEOC rulings Contractual Liability Definition - Answer-Coverage for Insured Contracts (Only Insured Contracts) Contract Definition - Answer-An agreement between two or more parties, which creates and obligation to do or not to do a particular thing. Often in contracts, one party assumes the financial consequences of certain liabilities of another. Hold Harmless and /or Indemnity Agreement - Answer-Assumption of responsibility for the liability of another Parties commonly involved in a hold harmless and/or indemnity agreement - Answer-1. Lessor-Lessee, 2. Owner-Contractor, 3. Contractor-Subcontractor, 4. Manufacturer-Distributor Breach of Contract Example - Answer-A breach of warranty claim,Contractual Liability Examples - Answer-Tenant/Landlord lease, Equipment Lease Implied Warranty - Answer-Product is fit for the ordinary purpose for which it is used (Breach of Warranty Example: The first time you use a hammer a large piece breaks off and injures you) Direct Liability Definition - Answer-Results from the conduct of a person or organization that is responsible for injury or property damage to another. Direct Liability Example - Answer-Market fails to clean up a food spill in the aisle and a patron slips on the food and falls and is injured. Vicarious Liability Definition - Answer-Liability of one party based on upon the liability of another. Liability is imputed (transferred from one party to the other