Basic Leagal concepts - Tort Law

Which of the following defenses attests that if a person recognizes and understands that there is danger involved in an activity and voluntarily chooses to encounter it, he or she may be barred from seeking recovery for injuries due to negligence? A Assumption of risk B Proximate cause C Comparative negligence D Intervening clause

A Assumption of risk Correct! This defense of an action for recovery for injuries attests that if a person recognizes and understands that there is danger involved in an activity and voluntarily chooses to encounter it, this assumption of risk may bar recovery for injury caused by negligence.

Chapter: Basic Legal Concepts - Tort Law Which of the following is a statutory defense? A Comparative negligence B Assumption of risk C Intervening cause D Contributory negligence

A Comparative negligence Correct! Many states, by statute, require that damages be apportioned based upon the degree of negligence of each party in an accident.

What fundamental doctrine in property insurance holds that when there is an unbroken connection between an occurrence and damage that grows out of the occurrence, then the resultant damage is all a part of the occurrence? A Doctrine of proximate cause B Doctrine of concurrent causation C Doctrine of indemnity D Doctrine of common cause

A Doctrine of proximate cause correct! An example of proximate cause: A property insurance policy covers the peril of fire, and further damage is caused by: a) smoke from the fire; b) water used to extinguish the fire; c) and the process of moving property out of the path fire. Fire would be considered the proximate cause of all the damage.

What type of compensatory damages will pay for pain and suffering and disfigurement? A General B Special (specific) C Tort D Normal

A General Correct! General compensatory damages are for intangible elements that cannot be specifically measured in terms of dollars.

Chapter: Basic Legal Concepts - Tort Law What type of compensatory damages will pay for pain and suffering and disfigurement? A General B Special (specific) C Tort D Normal

A General correct! General compensatory damages are for intangible elements that cannot be specifically measured in terms of dollars.

All of the following statements describe the concept of strict liability EXCEPT A It is imposed on defendants engaged in hazardous activities. B Claimants may need to provide proof that a product defect caused an injury. C It is imposed regardless of fault. D It is applied in product liability cases.

A It is imposed on defendants engaged in hazardous activities. correct! Strict liability is commonly applied in product liability cases. The business is then liable for defective products, regardless of fault or negligence.

Which of the following lists all the required elements for establishing a charge of negligence? A Legal duty owed, breach of legal duty owed, proximate cause, damages B Legal duty owed, proximate cause, intervening cause, damages C Legal duty owed, deliberate attempt to cause harm, damages D Breach of reasonable person rule and proximate degree of care

A Legal duty owed, breach of legal duty owed, proximate cause, damages Correct! Negligence is failure to do what a reasonable and prudent person would do under the same circumstances. Four elements must be present for negligent liability to exist.

Which of the following is NOT an element of negligence? A Libel B Duty C Breach D Unbroken chain

A Libel Correct! There are four essential elements of negligence: duty, breach, injury, and unbroken chain. Libel is a type of intentional tort.

What type of damages may be awarded by the court to create disincentives that discourage behavior that is deemed highly undesirable by society? A Punitive B General C Compensatory D Specific

A Punitive Correct! Punitive damages are a form of punishment, intended to serve as an example to others to discourage undesirable behavior.

Local sportscaster Fred Fillmore states on the air during a news telecast that the local pro football coach has a lousy record, which is untrue. This is an example of A Slander. B No tort at all - freedom of speech. C Invasion of privacy. D Libel.

A Slander. Correct! Slander is an oral untrue statement that damages a person's reputation.

Payment for medical expenses, loss of wages, funeral expenses, or the cost to repair or replace damaged property are known as what type of compensatory damages? A Special B Tort C Normal D General

A Special Correct! The two classes of compensatory damages that may be awarded are special and general damages. Special damages are tangible damages that can be specifically measured in dollar amounts (such as out-of-pocket expenses for medical, miscellaneous expenses, and loss of wages).

Chapter: Basic Legal Concepts - Tort Law Negligence is defined as A The failure to do what a reasonable prudent person would do under given circumstances. B An unbroken chain of events that results in bodily injury or property damage to another person. C Conduct that is so hazardous that the individual engaging in it will be held fully responsible for any resulting injury or damage. D An intentional act that results in bodily injury or property damage to another person.

A The failure to do what a reasonable prudent person would do under given circumstances. Correct! The definition used for negligence is based on the English law that requires that a person use ordinary care to prevent injury to another person or damage to their property.

Negligence may be defined as A The failure to use reasonable and prudent care. B A situation that creates a probability of loss. C A latent defect or fault in property. D The inability to meet the burden of proof.

A The failure to use reasonable and prudent care. Correct! Just because something bad happens does not mean there was negligence. Negligence is when the failure to use proper care results in injury or damage.

What is the legal defense that can be used in most states in which proportionate damages may be awarded when both the plaintiff and defendant were negligent? A Proximate cause B Comparative negligence C Relative degree of damage statute D Contributory negligence

B Comparative negligence Correct! Comparative negligence is the apportionment of damages when both the plaintiff and the defendant are at fault. Recovery by the plaintiff is lessened or increased, depending upon the degree of each party's negligence.

What is the legal defense that can be used in most states in which proportionate damages may be awarded when both the plaintiff and defendant were negligent? A Proximate cause B Comparative negligence C Relative degree of damage statute D Contributory negligence

B Comparative negligence correct! Comparative negligence is the apportionment of damages when both the plaintiff and the defendant are at fault. Recovery by the plaintiff is lessened or increased, depending upon the degree of each party's negligence. Review ContentNext Question

Which of the following best describes gross negligence? A Engaging in hazardous activities B Disregard for the safety of others C Failure to use reasonable care D Unjustified physical restraint of another person's freedom

B Disregard for the safety of others Correct! Gross negligence is reckless behavior that shows disregard for the safety or lives of others. It is a purposeful violation of a person's right to safety.

Chapter: Basic Legal Concepts - Tort Law What fundamental doctrine in property insurance holds that when there is an unbroken connection between an occurrence and damage that grows out of the occurrence, then the resultant damage is all a part of the occurrence? A Doctrine of common cause B Doctrine of proximate cause C Doctrine of concurrent causation D Doctrine of indemnity

B Doctrine of proximate cause correct! An example of proximate cause: A property insurance policy covers the peril of fire, and further damage is caused by: a) smoke from the fire; b) water used to extinguish the fire; c) and the process of moving property out of the path fire. Fire would be considered the proximate cause of all the damage.

Leo, an employee of the local "Shop A Lot" grocery store, suspects Betty of shoplifting. Leo escorts Betty through the crowded store to the back office and calls the local police. It is later determined that the Betty has not stolen any merchandise. Leo is guilty of A Battery. B False Arrest. C Invasion of Privacy. D Assault.

B False Arrest. Correct! False arrest is the unlawful physical restraint of another's freedom. False arrest causes inconvenience and embarrassment to the customer.

Chapter: Basic Legal Concepts - Tort Law All of the following statements describe the concept of strict liability EXCEPT A It is applied in product liability cases. B It is imposed on defendants engaged in hazardous activities. C Claimants may need to provide proof that a product defect caused an injury. D It is imposed regardless of fault.

B It is imposed on defendants engaged in hazardous activities. correct! Strict liability is commonly applied in product liability cases. The business is then liable for defective products, regardless of fault or negligence.

Chapter: Basic Legal Concepts - Tort Law Which of the following lists all the required elements for establishing a charge of negligence? A Breach of reasonable person rule and proximate degree of care B Legal duty owed, breach of legal duty owed, proximate cause, damages C Legal duty owed, proximate cause, intervening cause, damages D Legal duty owed, deliberate attempt to cause harm, damages

B Legal duty owed, breach of legal duty owed, proximate cause, damages Correct! Negligence is failure to do what a reasonable and prudent person would do under the same circumstances. Four elements must be present for negligent liability to exist.

Chapter: Basic Legal Concepts - Tort Law Which of the following is NOT an element of negligence? A Unbroken chain B Libel C Duty D Breach

B Libel Correct! There are four essential elements of negligence: duty, breach, injury, and unbroken chain. Libel is a type of intentional tort.

According to the doctrine of contributory negligence, when an individual is found to have contributed to his or her own loss in any way, another party A May be held liable only in the case of vicarious liability. B May not be held liable. C May be held liable, but to a reduced extent. D May be held liable for full damages despite the other party's negligence.

B May not be held liable. Correct! Contributory negligence is a common law defense that denies recovery to an injured party who contributed to the loss by failing to meet standards required for self-protection.

Question 5 of 12 Chapter: Basic Legal Concepts - Tort Law Negligence may be defined as A The inability to meet the burden of proof. B The failure to use reasonable and prudent care. C A situation that creates a probability of loss. D A latent defect or fault in property.

B The failure to use reasonable and prudent care. Correct! Just because something bad happens does not mean there was negligence. Negligence is when the failure to use proper care results in injury or damage.

Chapter: Basic Legal Concepts - Tort Law Which of the following defenses attests that if a person recognizes and understands that there is danger involved in an activity and voluntarily chooses to encounter it, he or she may be barred from seeking recovery for injuries due to negligence? A Comparative negligence B Intervening clause C Assumption of risk D Proximate cause

C Assumption of risk Correct! This defense of an action for recovery for injuries attests that if a person recognizes and understands that there is danger involved in an activity and voluntarily chooses to encounter it, this assumption of risk may bar recovery for injury caused by negligence.

Chapter: Basic Legal Concepts - Tort Law What is the legal defense that can be used in most states in which proportionate damages may be awarded when both the plaintiff and defendant were negligent? A Contributory negligence B Proximate cause C Comparative negligence D Relative degree of damage statute

C Comparative negligence Correct! Comparative negligence is the apportionment of damages when both the plaintiff and the defendant are at fault. Recovery by the plaintiff is lessened or increased, depending upon the degree of each party's negligence.

Which of the following is a statutory defense? A Intervening cause B Contributory negligence C Comparative negligence D Assumption of risk

C Comparative negligence Correct! Many states, by statute, require that damages be apportioned based upon the degree of negligence of each party in an accident.

Melt Away Diet, Inc. circulates a flyer that falsely reports that its competitor, See Food Diet, markets a product that causes hair loss and skin rashes. This is an example of A Invasion of privacy. B Slander. C Libel. D False advertising.

C Libel. Correct! Libel is a written or printed untrue statement that damages a person's reputation.

Which of the following does the term "proximate cause" refer to? A Duty of the defendant to act B Reason for filing a lawsuit C Negligence that leads to an injury D Injury that leads to a monetary compensation

C Negligence that leads to an injury Correct! Proximate cause is reasonably foreseeable act or event that results in an injury or damage. Negligence may often be the proximate cause of the damage; without it, the accident would not have happened. This is also called direct liability.

A type of tort liability insurance law that provides for the payment of a loss claim from an insured's OWN insurer for losses is known as ALimited-Fault Law. BModified No-Fault Law. CNo-Fault Law. DOwn-Fault Law.

C No-Fault Law. Correct! In an effort to minimize the judicial impact of lawsuits in conjunction with automobile accidents, many states have adopted "no-fault" insurance laws that provide for payment of loss claims from an insured's own insurer for losses. In these "no-fault" states car owners buy insurance to protect themselves and their passengers from the economic and medical effects of auto accidents in addition to liability insurance at whatever limit the statute decrees.

Chapter: Basic Legal Concepts - Tort Law What type of damages may be awarded by the court to create disincentives that discourage behavior that is deemed highly undesirable by society? A Compensatory B Specific C Punitive D General

C Punitive Correct! Punitive damages are a form of punishment, intended to serve as an example to others to discourage undesirable behavior.

Negligence is defined as A Conduct that is so hazardous that the individual engaging in it will be held fully responsible for any resulting injury or damage. B An intentional act that results in bodily injury or property damage to another person. C The failure to do what a reasonable prudent person would do under given circumstances. D An unbroken chain of events that results in bodily injury or property damage to another person.

C The failure to do what a reasonable prudent person would do under given circumstances. Correct! The definition used for negligence is based on the English law that requires that a person use ordinary care to prevent injury to another person or damage to their property.

Liability imposed on one party as a result of the actions of another person (i.e., parent/child, employer/employee) is known as A Strict liability. B Absolute liability. C Vicarious liability. D Comparative negligence.

C Vicarious liability. Correct! When the child makes the parent liable; the contractor makes the principal liable; the employee makes the employer liable, it is termed vicarious.

What type of liability would a person who owns a swimming pool have? A Vicarious B Implied C Direct D Absolute

D Absolute Correct! Any conduct that is inherently dangerous (swimming pools, using explosives, keeping wild animals) imposes absolute liability. The claimant does not have to prove anything.

Which of the following is a statutory defense? A Assumption of risk B Intervening cause C Contributory negligence D Comparative negligence

D Comparative negligence Correct! Many states, by statute, require that damages be apportioned based upon the degree of negligence of each party in an accident.

Which of the following is a statutory defense? A Assumption of risk B Intervening cause C Contributory negligence D Comparative negligence

D Comparative negligence correct! Many states, by statute, require that damages be apportioned based upon the degree of negligence of each party in an accident.

An insured is driving above the posted speed limit. As he rounds a curve, he crashes into an illegally parked car. This is an example of A Comparative negligence. B Vicarious liability. C No fault liability. D Contributory negligence.

D Contributory negligence. Correct! When one is partially responsible for his or her own loss, it is termed contributory negligence.

Chapter: Basic Legal Concepts - Tort Law Which of the following best describes gross negligence? A Failure to use reasonable care B Unjustified physical restraint of another person's freedom C Engaging in hazardous activities D Disregard for the safety of others

D Disregard for the safety of others Correct! Gross negligence is reckless behavior that shows disregard for the safety or lives of others. It is a purposeful violation of a person's right to safety.

What fundamental doctrine in property insurance holds that when there is an unbroken connection between an occurrence and damage that grows out of the occurrence, then the resultant damage is all a part of the occurrence? A Doctrine of concurrent causation B Doctrine of indemnity C Doctrine of common cause D Doctrine of proximate cause

D Doctrine of proximate cause Correct! An example of proximate cause: A property insurance policy covers the peril of fire, and further damage is caused by: a) smoke from the fire; b) water used to extinguish the fire; c) and the process of moving property out of the path fire. Fire would be considered the proximate cause of all the damage. Review ContentNext Question

What type of compensatory damages will pay for pain and suffering and disfigurement? A Special (specific) B Tort C Normal D General

D General correct! General compensatory damages are for intangible elements that cannot be specifically measured in terms of dollars.

Chapter: Basic Legal Concepts - Tort Law A deliberate act that causes harm to another person, regardless of whether the harm is intended is called a(n) A Absolute liability. B Tortfeasor. C Vicarious tort. D Intentional tort.

D Intentional tort. Correct! An intentional tort is a deliberate act that causes harm to another person. A tortfeasor is a person, a business, or another party who has committed a tort. Vicarious liability is legal responsibility that occurs when one party is held liable for the actions of another party. Absolute liability is legal liability that arises from inherently dangerous activities that result in injury or harm to another person.

According to the doctrine of contributory negligence, when an individual is found to have contributed to his or her own loss in any way, another party A May be held liable, but to a reduced extent. B May be held liable for full damages despite the other party's negligence. C May be held liable only in the case of vicarious liability. D May not be held liable.

D May not be held liable. Correct! Contributory negligence is a common law defense that denies recovery to an injured party who contributed to the loss by failing to meet standards required for self-protection.

Chapter: Basic Legal Concepts - Tort Law Which of the following does the term "proximate cause" refer to? A Injury that leads to a monetary compensation B Duty of the defendant to act C Reason for filing a lawsuit D Negligence that leads to an injury

D Negligence that leads to an injury Correct! Proximate cause is reasonably foreseeable act or event that results in an injury or damage. Negligence may often be the proximate cause of the damage; without it, the accident would not have happened. This is also called direct liability.

Chapter: Basic Legal Concepts - Tort Law A type of tort liability insurance law that provides for the payment of a loss claim from an insured's OWN insurer for losses is known as A Own-Fault Law. B Limited-Fault Law. C Modified No-Fault Law. D No-Fault Law.

D No-Fault Law. Correct! In an effort to minimize the judicial impact of lawsuits in conjunction with automobile accidents, many states have adopted "no-fault" insurance laws that provide for payment of loss claims from an insured's own insurer for losses. In these "no-fault" states car owners buy insurance to protect themselves and their passengers from the economic and medical effects of auto accidents in addition to liability insurance at whatever limit the statute decrees.

Which of the following is NOT one of the four primary elements considered in establishing negligence? A Proximate cause B Legal duty C Standard of care D Proof of carelessness

D Proof of carelessness correct! It must be shown that the defendant had a legal duty to act or not to act and he or she must have used a standard of care that breached that legal duty. Actual injury or damage must have been suffered by the party seeking recovery.

When a parent is required to pay for damages caused by his or her children, this is an example of A Strict liability. B Intervening cause. C Assumption of risk. D Vicarious liability.

D Vicarious liability. Correct! When one party is held liable for act of another party, it is called vicarious liability. Employers are responsible for employees acting within the scope of their employment. Parents sometimes are held responsible for acts of their children. Review ContentNext Question