MGMT 200 Bergstrom Final || WITH COMPLETE
ANSWERS!
Torts correct answers private wrong(not a breach of contract) committed by one party that
injures another that is remedied by monetary damages
do not lead to jail ALONE
1. compensate for innocent party
2. deter similar conduct by others correct answers tort goals
Intentional, Negligence, Strict Liability correct answers types of torts
Intentional Tort correct answers where one person purposefully harms another (occasionally
this is a crime)
Torts of Negligence correct answers when a tort occurs because of carelessness, someone has
breached a duty of care that led to another being hurt
Strict Liability Torts correct answers A tort where the fact of injury means someone did
something wrong (ex. surgeon leaving knife inside body/ product malfunction when properly
used)
Tortfeasor correct answers the person who harmed the other (defendant),
multiple tortfeasor correct answers multiple parties were responsible for a tort. Carried out in
two ways, plaintiff brings them all to court, or one of the defendant then brings another into it
to share the blame
class action correct answers when one tortfeasor hurt a large group of people, they can get
relief together rather than filing many small actions BUT they must be the same general
complaint
negligence per se correct answers proved negligence by virtue of violating some statue,
criminal or civl
sine qua non correct answers would the actions have occurred without the acts of defendant
(todd led to his friend having a baby) aka was the action a catalyst to the harm
social policy (causation) correct answers how far back we go to get proximate cause, think of
ex in class about girl tripping and leading to kidnapping of little sister
Good Samaritan correct answers people who help, shielded by state laws from being sued IF
they act how a reasonable person would
Res Ispa Loquitur correct answers the thiing speaks for itself
Defense to Negligence correct answers assumption of risk (if you voluntarily put yourself in a
risky situation and are injured you cant sue)
, comparative negligence correct answers damages split by % by each party found at risk
contributory negligence correct answers rule that makes it nearly impossible to recover
damages from negligence if they were at fault in ANY way (1% of fault means no recovery
to plaintiff)
modified comparative negligence correct answers rule that defendant must be MORE (aka
51%<) faulty or plaintiff will recover nothing
liability waiver correct answers a statement waiving damages if injury were to occur
must include:
1. disclaimer in prominent place
2.standard print size
Accountants Liability correct answers 1. always liable to employer (issue of conflict of
interest)
2. liability to third party (investor who sees reports)
3.some states allow the intended user (investor) to sue for negligence
MAY OR MAY NOT HAVE STANDING (investor)
premise liability correct answers duty of care is due based on classification
premise liability trespasser correct answers duty of care owed to this party is
1. no spring guns
2. no duty to warn of natural causes
3. duty to warn of manmade risks if people are known to trespass (aka well)
premise liability guest correct answers people are called LICENSEES duty of resonable care
to this party, but not hidden dangers
premise liability business correct answers people are called INVITEES and they are owed
high duty of care. must inspect for hidden dangers and warn of risks
Intentional Torts correct answers deliberate intentional conduct by one person that injures
another
assault correct answers an intentional tort and crime that means apprehension of fear (made
someone else scared)
battery correct answers an intentional tort that means actual harmful or offensive conduct
intentional torts against property correct answers 1. trespass to realty
2. trespass to personality (using your shit)
3. conversion aka theft LONG TERM THEFT IS AN INTENTIONAL TORT
False Imprisonment/Wrongful Arrest correct answers an intentional tort that is when you
keep someone unreasonably, physical force not required
Intentional Infliction of (mental or emotional) distress correct answers causing mental harm,
ALSO violates statutory law
ANSWERS!
Torts correct answers private wrong(not a breach of contract) committed by one party that
injures another that is remedied by monetary damages
do not lead to jail ALONE
1. compensate for innocent party
2. deter similar conduct by others correct answers tort goals
Intentional, Negligence, Strict Liability correct answers types of torts
Intentional Tort correct answers where one person purposefully harms another (occasionally
this is a crime)
Torts of Negligence correct answers when a tort occurs because of carelessness, someone has
breached a duty of care that led to another being hurt
Strict Liability Torts correct answers A tort where the fact of injury means someone did
something wrong (ex. surgeon leaving knife inside body/ product malfunction when properly
used)
Tortfeasor correct answers the person who harmed the other (defendant),
multiple tortfeasor correct answers multiple parties were responsible for a tort. Carried out in
two ways, plaintiff brings them all to court, or one of the defendant then brings another into it
to share the blame
class action correct answers when one tortfeasor hurt a large group of people, they can get
relief together rather than filing many small actions BUT they must be the same general
complaint
negligence per se correct answers proved negligence by virtue of violating some statue,
criminal or civl
sine qua non correct answers would the actions have occurred without the acts of defendant
(todd led to his friend having a baby) aka was the action a catalyst to the harm
social policy (causation) correct answers how far back we go to get proximate cause, think of
ex in class about girl tripping and leading to kidnapping of little sister
Good Samaritan correct answers people who help, shielded by state laws from being sued IF
they act how a reasonable person would
Res Ispa Loquitur correct answers the thiing speaks for itself
Defense to Negligence correct answers assumption of risk (if you voluntarily put yourself in a
risky situation and are injured you cant sue)
, comparative negligence correct answers damages split by % by each party found at risk
contributory negligence correct answers rule that makes it nearly impossible to recover
damages from negligence if they were at fault in ANY way (1% of fault means no recovery
to plaintiff)
modified comparative negligence correct answers rule that defendant must be MORE (aka
51%<) faulty or plaintiff will recover nothing
liability waiver correct answers a statement waiving damages if injury were to occur
must include:
1. disclaimer in prominent place
2.standard print size
Accountants Liability correct answers 1. always liable to employer (issue of conflict of
interest)
2. liability to third party (investor who sees reports)
3.some states allow the intended user (investor) to sue for negligence
MAY OR MAY NOT HAVE STANDING (investor)
premise liability correct answers duty of care is due based on classification
premise liability trespasser correct answers duty of care owed to this party is
1. no spring guns
2. no duty to warn of natural causes
3. duty to warn of manmade risks if people are known to trespass (aka well)
premise liability guest correct answers people are called LICENSEES duty of resonable care
to this party, but not hidden dangers
premise liability business correct answers people are called INVITEES and they are owed
high duty of care. must inspect for hidden dangers and warn of risks
Intentional Torts correct answers deliberate intentional conduct by one person that injures
another
assault correct answers an intentional tort and crime that means apprehension of fear (made
someone else scared)
battery correct answers an intentional tort that means actual harmful or offensive conduct
intentional torts against property correct answers 1. trespass to realty
2. trespass to personality (using your shit)
3. conversion aka theft LONG TERM THEFT IS AN INTENTIONAL TORT
False Imprisonment/Wrongful Arrest correct answers an intentional tort that is when you
keep someone unreasonably, physical force not required
Intentional Infliction of (mental or emotional) distress correct answers causing mental harm,
ALSO violates statutory law
