100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Law 3220 Exam 2 Clemson UPDATED Actual Questions and CORRECT Answers $9.49   Add to cart

Exam (elaborations)

Law 3220 Exam 2 Clemson UPDATED Actual Questions and CORRECT Answers

 3 views  0 purchase
  • Course
  • Law 3220
  • Institution
  • Law 3220

Law 3220 Exam 2 Clemson UPDATED Actual Questions and CORRECT Answers Tort Law - CORRECT ANSWER- breach of duty of care to someone else and it causes them injury Negligence based tort law - CORRECT ANSWER- Must show: - that the person who committed the tort owed a duty of care to the other pe...

[Show more]

Preview 2 out of 13  pages

  • October 3, 2024
  • 13
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Law 3220
  • Law 3220
avatar-seller
MGRADES
Law 3220 Exam 2 Clemson UPDATED
Actual Questions and CORRECT Answers
Tort Law - CORRECT ANSWER✔✔- breach of duty of care to someone else and it causes
them injury


Negligence based tort law - CORRECT ANSWER✔✔- Must show:
- that the person who committed the tort owed a duty of care to the other person
- have to show the duty of care was breached
- Show that you suffered injury/damages
- show that there was a causal connection between negligent person's actions and your actions


Causal connection (3 types) - CORRECT ANSWER✔✔- Actual cause, proximate cause, and
superseding cause


Actual cause - CORRECT ANSWER✔✔- "cause in fact"; someone walks up to you and
punches you in the face; no dispute


Proximate cause - CORRECT ANSWER✔✔- We are going to limit tort liability to
consequences that are foreseeable likely to occur based upon the actions
EX: Construction company is digging a trench at a work site, don't leave any signs, someone
walks into it at night and gets injured


Superseding Cause - CORRECT ANSWER✔✔- Intervening conduct; cuts off the liability;
someone else is more liable than the negligent person


Defenses to negligence based torts - CORRECT ANSWER✔✔- Assumption of risk,
comparative negligence, liability waiver


Assumption of risk - CORRECT ANSWER✔✔- You assume the risk of being there, you
were made aware the of the potential dangers and you still agreed to go; cannot receive
damages

, Comparative negligence - CORRECT ANSWER✔✔- Court determines that the injured party
was somewhat negligent; the damages are reduced


Liability waiver - CORRECT ANSWER✔✔- Only affective against negligence based-torts;
to be affective, the liability language has to be clear, in writing, and all parties must have
signed the waiver


Categories of tort - CORRECT ANSWER✔✔- Assault and battery



Assault - CORRECT ANSWER✔✔- No physical contact is required; to be in fear of
immediate bodily harm; threat of being harmed


Battery - CORRECT ANSWER✔✔- Actual unlawful contact with your person; unauthorized
contact; someone actual comes up and hits you in the face


Potential Defenses for Assault and Battery (3) - CORRECT ANSWER✔✔- Consent,
privilege, self-defense


Consent - CORRECT ANSWER✔✔- You agree to normal contact associated with those
activities


Privilege - CORRECT ANSWER✔✔- Not guilty to trespassing for being on their property if
you are going to help someone


Self-defense - CORRECT ANSWER✔✔- match their force with equal force; not excessive
force


False Arrest - CORRECT ANSWER✔✔- Police detaining or holding you without your
consent in an unreasonable manner


False imprisonment - CORRECT ANSWER✔✔- Detained suspected shoplifters in an
unreasonable manner

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller MGRADES. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $9.49. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

82215 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$9.49
  • (0)
  Add to cart