Tort Law - BLAW Exam 3 pt.3 Questions
And Correct Answers.
What is a tort? - Answer Wrongful act committed by one person against another person or his
or her property. Breach of a legal duty imposed by law other than by contract
What is the purpose of tort law? - Answer To compensate Plaintiffs for their losses
What are the three types of tort liability? - Answer - Intentional Torts
- Negligence
- Strict Liability
What are intentional torts? - Answer Based upon the premise that in a civilized society, one
person should not intentionally injure another or his or her property, and all persons should
exercise reasonable care and caution in the conduct of their affairs
Assault, battery, and trespassing are __________ torts - Answer intentional
What are negligence torts? - Answer Failure to do that which an ordinary, reasonable, prudent
person would do, or the doing of some act that an ordinary, prudent person would not do.
"Unreasonable running of a foreseeable risk"
Negligence torts require fault on part of the _________ - Answer Defendant
For simple negligence, the injured person(s) are entitled to damages to make the party whole.
What is this term called? - Answer Restitutio In Integrum and it means the lack of reasonable
care.
What is strict liability torts? - Answer Doctrine under which a party may be required to
respond in tort damages, without regard to that party's fault. Ex: absolute liability or products
liability (products "defective and unreasonably dangerous")
, Criminal law is to punish; tort law is to __________ - Answer compensate!
When people recover financially from an accident, this is typically in the realm of ____ law -
Answer tort
What are compensatory damages? - Answer A sum of money the court imposes on a
defendant as compensation for the plaintiff because the defendant has injured the plaintiff by
breach of a legal duty
Are compensatory damages economic or non-economic? - Answer They can be both
What is another word for economic damages? - Answer Special damages
What is another word for non-economic damages? - Answer General damages
What are economic/special damages? - Answer Damages which are easily calculated (medical
expenses, past, present, and future lost wages, loss of earning capacity, property damage)
What are non-economic/general damages? - Answer Damages for pain and suffering
How to calculate non-economic/general damages? - Answer You can't. It is up to the jury to
determine how much is appropriate. It is a WILDCARD in the law.
What are punitive or exemplary damages? - Answer Damages imposed to punish defendants
for committing intentional torts (and if action is grossly negligent or "willful and wanton" then
could be for negligence in some states too)
What is the point of punitive or exemplary damages? - Answer Punish the defendant so much
fincnaically that they won't ever do this again
Ex: Asbestos widely used in installation but now it has links to cancer. Asbestos is okay if it is
covered by if there is exposure, then it is not safe and it can be dangerous. Asbestos
manufacturers used to make a lot of money and some of the companies knew that something
was up with it. What damage was here? - Answer Punitive, Exemplary
And Correct Answers.
What is a tort? - Answer Wrongful act committed by one person against another person or his
or her property. Breach of a legal duty imposed by law other than by contract
What is the purpose of tort law? - Answer To compensate Plaintiffs for their losses
What are the three types of tort liability? - Answer - Intentional Torts
- Negligence
- Strict Liability
What are intentional torts? - Answer Based upon the premise that in a civilized society, one
person should not intentionally injure another or his or her property, and all persons should
exercise reasonable care and caution in the conduct of their affairs
Assault, battery, and trespassing are __________ torts - Answer intentional
What are negligence torts? - Answer Failure to do that which an ordinary, reasonable, prudent
person would do, or the doing of some act that an ordinary, prudent person would not do.
"Unreasonable running of a foreseeable risk"
Negligence torts require fault on part of the _________ - Answer Defendant
For simple negligence, the injured person(s) are entitled to damages to make the party whole.
What is this term called? - Answer Restitutio In Integrum and it means the lack of reasonable
care.
What is strict liability torts? - Answer Doctrine under which a party may be required to
respond in tort damages, without regard to that party's fault. Ex: absolute liability or products
liability (products "defective and unreasonably dangerous")
, Criminal law is to punish; tort law is to __________ - Answer compensate!
When people recover financially from an accident, this is typically in the realm of ____ law -
Answer tort
What are compensatory damages? - Answer A sum of money the court imposes on a
defendant as compensation for the plaintiff because the defendant has injured the plaintiff by
breach of a legal duty
Are compensatory damages economic or non-economic? - Answer They can be both
What is another word for economic damages? - Answer Special damages
What is another word for non-economic damages? - Answer General damages
What are economic/special damages? - Answer Damages which are easily calculated (medical
expenses, past, present, and future lost wages, loss of earning capacity, property damage)
What are non-economic/general damages? - Answer Damages for pain and suffering
How to calculate non-economic/general damages? - Answer You can't. It is up to the jury to
determine how much is appropriate. It is a WILDCARD in the law.
What are punitive or exemplary damages? - Answer Damages imposed to punish defendants
for committing intentional torts (and if action is grossly negligent or "willful and wanton" then
could be for negligence in some states too)
What is the point of punitive or exemplary damages? - Answer Punish the defendant so much
fincnaically that they won't ever do this again
Ex: Asbestos widely used in installation but now it has links to cancer. Asbestos is okay if it is
covered by if there is exposure, then it is not safe and it can be dangerous. Asbestos
manufacturers used to make a lot of money and some of the companies knew that something
was up with it. What damage was here? - Answer Punitive, Exemplary
