RMIN 4000 Test 4 Brown Exam/148
Questions and Solutions
Legal wrong - -a violation of a person's legal rights, or a failure to perform a
legal duty owed to a certain person or to society as a whole
- types of legal wrong - -crime, breach of contract, tort
- Tort - -a legal wrong for which the court allows a remedy in the form of
monetary damages
- Plaintiff - -the person who is injured
- Tortfeasor - -the alleged wrongdoer
- three categories of tort - -intentional, strict liability, negligence
- Intentional tort - -intentional act or omission resulting in harm or injury to
another person or damage to their property
- examples of intentional tort - -libel, slander, invasion of property, assault,
battery
- Strict liability - -liability imposed regardless of negligence or fault
- examples of strict liability - -defective products, damages caused by
animals, hazardous activities, workers compensation
- negligence - -failure to exercise the standard of care required by law to
protect others from an unreasonable risk of harm
- Standard of care - -based on the care required by a reasonably prudent
person
- elements of negligence - -duty, breach, causation, damages
- Compensatory damages - -compensate the victim for losses actually
incurred
- Special damages - -provide compensation for medical expenses, lost
earnings, or property damages
- General damages - -cannot be specifically measured (pain and suffering)
, - Punitive damages - -designed to punish people and organizations so that
others are deterred from committing the same wrongful act
- legal defenses for negligence - -the ability to collect damages for
negligence depends on state law
- legal defenses - -contributory negligence, comparative negligence, last
clear chance rule, assumption of risk
- contributory negligence - -injured person cannot collect damages if his or
her care falls below the standard of care required for his or her protection
and if his or her conduct contributed in any way to the injury
- comparative negligence - -the financial burden of the injury is shared by
both parties according to their respective degrees of fault
- Pure rule - -you can collect damages even if you are negligent, but your
reward is reduced in proportion to your fault
- 50 percent rule - -you cannot recover if you are 50 percent or more at
fault
- 51 percent rule - -you cannot recover if you are 51 percent or more at
fault
- Last clear chance rule - -a plaintiff who is endangered by his or her own
negligence can still recover damages from the defendant if the defendant
has a last clear chance to avoid the accident but fails to do so
- assumption of risk doctrine - -a person who understands and recognizes
the danger inherent in a particular activity cannot recover damages in the
event of an injury
- Imputed Negligence - -under certain conditions, the negligence of one
person can be attributed to another
- vicarious liability law - -a motorist's negligence is imputed to the vehicle's
owner
- family purpose doctrine - -the owner of an auto can be held liable for
negligent acts committed by family members
- joint business venture - -Negligent actions of one business partner can be
imputed to other partners.
Questions and Solutions
Legal wrong - -a violation of a person's legal rights, or a failure to perform a
legal duty owed to a certain person or to society as a whole
- types of legal wrong - -crime, breach of contract, tort
- Tort - -a legal wrong for which the court allows a remedy in the form of
monetary damages
- Plaintiff - -the person who is injured
- Tortfeasor - -the alleged wrongdoer
- three categories of tort - -intentional, strict liability, negligence
- Intentional tort - -intentional act or omission resulting in harm or injury to
another person or damage to their property
- examples of intentional tort - -libel, slander, invasion of property, assault,
battery
- Strict liability - -liability imposed regardless of negligence or fault
- examples of strict liability - -defective products, damages caused by
animals, hazardous activities, workers compensation
- negligence - -failure to exercise the standard of care required by law to
protect others from an unreasonable risk of harm
- Standard of care - -based on the care required by a reasonably prudent
person
- elements of negligence - -duty, breach, causation, damages
- Compensatory damages - -compensate the victim for losses actually
incurred
- Special damages - -provide compensation for medical expenses, lost
earnings, or property damages
- General damages - -cannot be specifically measured (pain and suffering)
, - Punitive damages - -designed to punish people and organizations so that
others are deterred from committing the same wrongful act
- legal defenses for negligence - -the ability to collect damages for
negligence depends on state law
- legal defenses - -contributory negligence, comparative negligence, last
clear chance rule, assumption of risk
- contributory negligence - -injured person cannot collect damages if his or
her care falls below the standard of care required for his or her protection
and if his or her conduct contributed in any way to the injury
- comparative negligence - -the financial burden of the injury is shared by
both parties according to their respective degrees of fault
- Pure rule - -you can collect damages even if you are negligent, but your
reward is reduced in proportion to your fault
- 50 percent rule - -you cannot recover if you are 50 percent or more at
fault
- 51 percent rule - -you cannot recover if you are 51 percent or more at
fault
- Last clear chance rule - -a plaintiff who is endangered by his or her own
negligence can still recover damages from the defendant if the defendant
has a last clear chance to avoid the accident but fails to do so
- assumption of risk doctrine - -a person who understands and recognizes
the danger inherent in a particular activity cannot recover damages in the
event of an injury
- Imputed Negligence - -under certain conditions, the negligence of one
person can be attributed to another
- vicarious liability law - -a motorist's negligence is imputed to the vehicle's
owner
- family purpose doctrine - -the owner of an auto can be held liable for
negligent acts committed by family members
- joint business venture - -Negligent actions of one business partner can be
imputed to other partners.
