Tort - Correct Answer civil wrong that causes harm to person or property; must be verifiable harm
Negligence - Correct Answer duty, failure of the defendant to conform (breach), injury (damages)
Tort reform - Correct Answer proposed changes in civil justice system that would reduce tort...
SPEA-V 184 Exam 3 Answered Correctly
Tort - Correct Answer civil wrong that causes harm to person or property; must be
verifiable harm
Negligence - Correct Answer duty, failure of the defendant to conform (breach), injury
(damages)
Tort reform - Correct Answer proposed changes in civil justice system that would
reduce tort litigation or damages; procedural limits on ability to file claims and cap
damages
Compensatory damages - Correct Answer plaintiff with the monetary amount
necessary to replace what was lost and nothing more
Punitive damages - Correct Answer defendant's conduct is found especially
reprehensible; punish defendant's conduct and deter, plaintiffs do not keep punitive
damages
Strict liability - Correct Answer liability without fault, developed in cases of persons who
gained personal benefit from unsafe and dangerous situations; ultra-hazardous or
abnormally dangerous
Gross negligence - Correct Answer voluntary disregard of the need to use reasonable
care, likely to cause foreseeable injury; can result in award of punitive damages
Negligence per se - Correct Answer violation of statute designed to protect the public;
main basis of liability; standard of care is set by statute
Escola v. Coca Cola - Correct Answer Justice Traynor's Concurrence: Manufacture
has liability when a product is placed on the market knowing it will be used without
inspection
Palsgraf v. Long Island Railroad - Correct Answer Cannot be held liable for actions
that cannot be held reasonably foreseen
Case-in-fact - Correct Answer But-for test, not used in the modern legal system
Proximate cause - Correct Answer relationship between the negligent act and the
infliction of damages, which requires an unbroken chain of events
Foreseeability - Correct Answer could be reasonably predicted
Schafer v. Hoffman - Correct Answer Schafer cannot escape liability because of
Hoffman's pre-existing condition at the time of the accident; Eggshell Plaintiff Rule
, Respondent Superior - Correct Answer Common-law doctrine that states a party is
liable for the actions of its agents
Contributory negligence - Correct Answer plaintiff injured by their own negligence and
injuries party would not be entitled to collect any damages
Comparative pure - Correct Answer Plaintiff's negligence will reduce recovery based
on percentage determined by the court
Modified - Correct Answer each party is responsible based on their percentage
Assumption of the risk - Correct Answer avoid liability because the plaintiff voluntarily
consented to encounter a known danger created by the defendant's negligence
Gross negligence and intention acts - Correct Answer cannot waive responsibility for
gross negligence
Res ispa loquitor - Correct Answer the thing speaks for itself; evidence is in control of
the defendant
Product liability - Correct Answer an extension of strict liability
Contract - Correct Answer promise or set of promises for the breach of which is
protected by the law; provides a remedy or the performance
Contract must have: - Correct Answer Capacity, two or more individuals, acceptance,
consideration, and lawful purpose
Legal Capacity - Correct Answer adult in controlling state or state defined in the
contract; must be adjudicated "incompetent" to not enter into contract though up to the
person lacking capacity to affirm or disavow the contract
Assent or acceptance - Correct Answer measured by an objective standard; third party
perceive the parties to agree and be legally bound
Not considered assent if: - Correct Answer - contracts made in joke or jest
- negotiations before the creation of the actual contract
- promises of future gifts in exchange for another promise
- promises for what someone is already legally obligated to do
Johnson v. Capital City Ford - Correct Answer Newspaper ads are not intended as
offers, but invitations to come and bargain; specific performance = defense of legal
remedy must appear
1-1-2-2 Criminal Law Statute - Correct Answer Crimes shall be defined, and
punishment therefor fixed by statutes of this state and not otherwise
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
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 Victoria108. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.99. You're not tied to anything after your purchase.
