AIC 301 Quiz/Test Study
A Constructive Eviction - ANS-Actions or inactions of a landlord that create conditions that
prevent a tenant from enjoying a substantial or integral part of the premise constitute a
constructive eviction.
A Defense to Fraud - ANS-The defendant must make the representation with the intent to
influence the other party's action. If the defendant did not intend to deceive, there is no proof of
fraud.
Administrative Agencies (DOI) - ANS-produce the most laws
Two primary functions include rulemaking and adjudication
Assault - ANS-in contrast to battery, does not involve physical contact, but the other person
must anticipate or expect and fear harm for assault to have occurred
defenses-
self defense and defense of property
Bailee Duties (has custody of goods temporarily but no transfer of ownership) - ANS-Standard
of care for bailee is reasonable care
If for bailor's benefit only-bailee has slight care
If for bailee's benefit only-bailee duty is extraordinary care
Bankruptcy Act - ANS-Chapter 7-liquidation, you turn in the key
Chapter 11-business to reorganize debt
Chapter 12-for farmers and fisherman
Chapter 13-individuals and small business to reorganize their debt
Battery - ANS-There is no ground for battery if contacts by both Jim and the police officer were
accidental and not intended to be hostile or offensive.
defenses if sued for batter-
plaintiff consented to act
act was in self defense or defense of others
act was of physical discipline
Binder - ANS-Informal written contracts that summarize the basic coverages and terms of
insurance agreement and provide evidence of insurance until the official policy is issued
(temporary insurance contract that provides coverage as per its terms; binder is effective here,
whether policy is issued or not)
Community Property - ANS-Under the community property concept two types of property can
belong to a spouse - separate property as well as community property. Separate property is the
respective spouse's sole property and it is free from the other spouse's interest or control.
Compensatory Damages include
Special Damages and
General Damages
, Punitive/Exemplary Damages - ANS-Awarded by court to reimburse victim for actual damage
Medical expenses or lost wages
Pain and suffering
Awarded by court to punish defendant for their bad action
Consequential Damages - ANS-The loss of the entry fee money is an example of consequential
damages. Consequential damages are awarded by court to indemnify injured parties for losses
that result indirectly from a wrong, such as a breach of contract as in this situation.
Contra Proferentum - ANS-Contra proferentum, meaning "against the offeror." Ambiguous
language is interpreted against the interests of its creator. This encourages parties to be as
clear as possible when drafting contracts.
Contract Construction - ANS-Courts prioritize any changes to printed contract forms in this
order-
Handwriting prevails over printing
WORDS prevail over numbers
Contract Rights - ANS-third parties that benefit from contracts may also have enforceable rights
under those contracts. Assignment of contracts is common in a variety of situations. Creditors
may assign the right to receive money from debtors to third parties. Most contract rights are
assignable.
Defenses to Tort Fraud - ANS-The statement was not false
The statement did not relate to a material fact
The defendant did not know the statement was false
The defendant did not intend to deceive
The plaintiff did not rely on the statements
The plaintiff suffered no harm or or loss because of relying on the statement
Direct Action Statutes
Garnishment - ANS-Third parties are generally not allowed to sue insurers of negligent parties
who injure them or damage their property. Some states have enacted direct action statutes
permitting third party sue insurer directly or both insurer and insured/wrongdoer/tortfeasor
directly
If insured denies claim payments after judgement, some states allow third party to sue the
insurer directly in a statutory action called garnishment.
Elements of Negligence - ANS-Legal duty owed by the defendant to plaintiff
Breach of that duty
The act was proximate cause of the injury or actual injury or damage
Enterprise/Industry-Wide Liability
Alternative Liability
A Constructive Eviction - ANS-Actions or inactions of a landlord that create conditions that
prevent a tenant from enjoying a substantial or integral part of the premise constitute a
constructive eviction.
A Defense to Fraud - ANS-The defendant must make the representation with the intent to
influence the other party's action. If the defendant did not intend to deceive, there is no proof of
fraud.
Administrative Agencies (DOI) - ANS-produce the most laws
Two primary functions include rulemaking and adjudication
Assault - ANS-in contrast to battery, does not involve physical contact, but the other person
must anticipate or expect and fear harm for assault to have occurred
defenses-
self defense and defense of property
Bailee Duties (has custody of goods temporarily but no transfer of ownership) - ANS-Standard
of care for bailee is reasonable care
If for bailor's benefit only-bailee has slight care
If for bailee's benefit only-bailee duty is extraordinary care
Bankruptcy Act - ANS-Chapter 7-liquidation, you turn in the key
Chapter 11-business to reorganize debt
Chapter 12-for farmers and fisherman
Chapter 13-individuals and small business to reorganize their debt
Battery - ANS-There is no ground for battery if contacts by both Jim and the police officer were
accidental and not intended to be hostile or offensive.
defenses if sued for batter-
plaintiff consented to act
act was in self defense or defense of others
act was of physical discipline
Binder - ANS-Informal written contracts that summarize the basic coverages and terms of
insurance agreement and provide evidence of insurance until the official policy is issued
(temporary insurance contract that provides coverage as per its terms; binder is effective here,
whether policy is issued or not)
Community Property - ANS-Under the community property concept two types of property can
belong to a spouse - separate property as well as community property. Separate property is the
respective spouse's sole property and it is free from the other spouse's interest or control.
Compensatory Damages include
Special Damages and
General Damages
, Punitive/Exemplary Damages - ANS-Awarded by court to reimburse victim for actual damage
Medical expenses or lost wages
Pain and suffering
Awarded by court to punish defendant for their bad action
Consequential Damages - ANS-The loss of the entry fee money is an example of consequential
damages. Consequential damages are awarded by court to indemnify injured parties for losses
that result indirectly from a wrong, such as a breach of contract as in this situation.
Contra Proferentum - ANS-Contra proferentum, meaning "against the offeror." Ambiguous
language is interpreted against the interests of its creator. This encourages parties to be as
clear as possible when drafting contracts.
Contract Construction - ANS-Courts prioritize any changes to printed contract forms in this
order-
Handwriting prevails over printing
WORDS prevail over numbers
Contract Rights - ANS-third parties that benefit from contracts may also have enforceable rights
under those contracts. Assignment of contracts is common in a variety of situations. Creditors
may assign the right to receive money from debtors to third parties. Most contract rights are
assignable.
Defenses to Tort Fraud - ANS-The statement was not false
The statement did not relate to a material fact
The defendant did not know the statement was false
The defendant did not intend to deceive
The plaintiff did not rely on the statements
The plaintiff suffered no harm or or loss because of relying on the statement
Direct Action Statutes
Garnishment - ANS-Third parties are generally not allowed to sue insurers of negligent parties
who injure them or damage their property. Some states have enacted direct action statutes
permitting third party sue insurer directly or both insurer and insured/wrongdoer/tortfeasor
directly
If insured denies claim payments after judgement, some states allow third party to sue the
insurer directly in a statutory action called garnishment.
Elements of Negligence - ANS-Legal duty owed by the defendant to plaintiff
Breach of that duty
The act was proximate cause of the injury or actual injury or damage
Enterprise/Industry-Wide Liability
Alternative Liability
