CH15

The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010)

The Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) includes provisions that address financial disclosure, liquidation of financial institutions, regulation of credit ratings agencies, and predatory lending practices.

Under a dram shop law,

a business that sells liquor can be held liable for damages that may result from the sale of liquor.

An attractive nuisance

a hazardous condition that can attract and injure children

Under a vicarious liability law,

a motorist's negligence is imputed to the vehicle's owner.

Under the assumption of risk doctrine,

a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of an injury.

Under the doctrine of respondeat superior...

an employer can be held liable for the negligent acts of employees while they are acting on the employer's behalf.

Punitive damages

are designed to punish people and organizations so that others are deterred from committing the same wrongful act

negligence

failure to exercise the standard of care required by law to protect others from unreasonable harm

intentional tort

fraud, assault

Medical malpractice

occurs when a negligent act or omission by a physician or other health care professional results in injury or harm to the patient

Special damages

provide compensation for medical expenses.

General damages

provide compensation for pain and suffering.

strict liability

regardless of negligence of fault, liability is imposed

A proximate cause or direct cause

relationship between the negligent act and the infliction of damages, which requires an unbroken chain of events.

The last clear chance rule

states that a plaintiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to avoid the accident but fails to do so.

The duty to refrain from injuring a trespasser

the duty of slight care.

Under a comparative negligence law,

the financial burden of the injury is shared by both parties according to their respective degrees of fault

Under a contributory negligence law,

the injured person cannot collect damages if his or her care falls below the standard of care required for his or her protection.

Under the family purpose doctrine,

the owner of an auto can be held liable for negligent acts committed by family members.

Res Ipsa Loquitur

the very fact that the injury or damage occurs establishes a presumption of negligence on behalf of the defendant.

Under the pure rule,

you can collect damages even if you are negligent, but your reward is reduced in proportion to your fault