AVMG 5090 TEST 2 QUESTIONS WITH VERIFIED
ANSWERS
What is a tort - Answers - A civil wrong that causes harm or loss, leading to legal
liability.
What is negligence - Answers - Failure to act as a reasonably prudent person
4 elements of negligence - Answers - -Duty: duty of care
-breach of duty of care
-Causation: legally recognizable injury occurs as a result of the breach of duty of care
-Damage: wrongful activity must have caused the injury or harm that occurred
What happens if one of the 4 elements of negligence dont apply - Answers - It is not
negligence
What are the defenses for negligence - Answers - Contributory - you are involved at
least 1 percent it can be considered negligence
Last clear chance - if they did something to avoid it, its not negligence
Assumption of risk - certain risk can be tied with a task
Are airlines able to claim assumption of risk - Answers - No
What are the two types of liability - Answers - Vicarious - employer responsible for
employee - while they are performing their job.
Strict - no negligence required (typically a product)
What are the intentional torts - Answers - Battery - harmful emotional or physical act
Assault - harmful emotional or physical promise
False imprisonment - restraining someone without proper authority
False arrest - restraining someone without proper authority while impersonating an
officer
Fraudulent misrepensentation - intentional deception
Conversion - wrongful control of property
What is subrogration - Answers - When an insurance company can sue a third party to
get their money
What protections are there against subrogation - Answers - Non-owner insurance
Named insured
Wavier of subrogation
ANSWERS
What is a tort - Answers - A civil wrong that causes harm or loss, leading to legal
liability.
What is negligence - Answers - Failure to act as a reasonably prudent person
4 elements of negligence - Answers - -Duty: duty of care
-breach of duty of care
-Causation: legally recognizable injury occurs as a result of the breach of duty of care
-Damage: wrongful activity must have caused the injury or harm that occurred
What happens if one of the 4 elements of negligence dont apply - Answers - It is not
negligence
What are the defenses for negligence - Answers - Contributory - you are involved at
least 1 percent it can be considered negligence
Last clear chance - if they did something to avoid it, its not negligence
Assumption of risk - certain risk can be tied with a task
Are airlines able to claim assumption of risk - Answers - No
What are the two types of liability - Answers - Vicarious - employer responsible for
employee - while they are performing their job.
Strict - no negligence required (typically a product)
What are the intentional torts - Answers - Battery - harmful emotional or physical act
Assault - harmful emotional or physical promise
False imprisonment - restraining someone without proper authority
False arrest - restraining someone without proper authority while impersonating an
officer
Fraudulent misrepensentation - intentional deception
Conversion - wrongful control of property
What is subrogration - Answers - When an insurance company can sue a third party to
get their money
What protections are there against subrogation - Answers - Non-owner insurance
Named insured
Wavier of subrogation
