BLAW 3310 Ch 6-11 UTA Dowdy
UPDATED Questions and CORRECT
Answers
Tort law - CORRETC ANSWER - a civil wrong, other than a breach of contract, for which
the law provides a remedy; concerns legal wrongs inflicted by one party on another by
interfering with an interested protected by common la...
BLAW 3310 Ch 6-11 UTA Dowdy
UPDATED Questions and CORRECT
Answers
Tort law - CORRETC ANSWER - a civil wrong, other than a breach of contract, for which
the law provides a remedy; concerns legal wrongs inflicted by one party on another by
interfering with an interested protected by common law; changes over time as social values, tech,
and business practices change
Negligence, intentional, strict liability - CORRETC ANSWER - three groups of torts
three ways a business becomes involved in a tort action - CORRETC ANSWER - 1) a
person is harmed by the actions of a business or its employees, 2) a person is harmed by a
product manufactured or distributed by the business, or 3) a business is harmed by the wrongful
actions of another business or person
negligence based torts - CORRETC ANSWER - protect people from harm from others'
unintentional but legally careless conduct; ordinary care to a person is breached
conduct - CORRETC ANSWER - act or omission (failure to act)
gross negligence - CORRETC ANSWER - negligence based on a conscious and voluntary
disregard for the need to use reasonable care
causation - CORRETC ANSWER - basic element of tort; the act must have been the cause
of the other's injury
doctrine of res ipsa loquitur - CORRETC ANSWER - "the thing speaks for itself"; the
showing is strong enough to prevent dismissal of the claim without further examination; ex)
scalpel left in body after surgery
, cause in fact - CORRETC ANSWER - evidence showing that a defendant's action or
omission is the actual cause of an injury that would not have occurred but for the defendant's
behavior
sine qua non rule - CORRETC ANSWER - cause in fact rule, the injury would not have
occurred but for the conduct of the party accused of committing a tort
proximate cause - CORRETC ANSWER - limits liability to consequences that bear a
reasonable relationship to the negligent conduct; consequences too remote or far removed from
negligent conduct will not result in liability ; ex) chain of events causing a fire that destroys a
whole city, not foreseeable results
Palsgraf case - CORRETC ANSWER - proximate cause; must be sufficient evidence that
the defendant should have known harm would eventually befall a victim; in this case, it was
dismissed
substantial factor test - CORRETC ANSWER - replaced traditional proximate cause rule;
a legal cause of injury is a cause which is a substantial factor in bringing about the injury
intervening conduct; superseding cause - CORRETC ANSWER - issue in determining
proximate cause; even if negligence occured, if the causal connection to the resulting harm is
broken by an intervening act, then there is a ____
danger invites rescue doctrine - CORRETC ANSWER - common law holds the negligent
party responsible for the losses suffered by those who attempt to save people who are in danger
as the result of their tort
assumption of risk - CORRETC ANSWER - an injured party who voluntarily assumed the
risk of harm arising from the negligent or reckless conduct of another party may not be allowed
to recover compensation for such harm; creates a defense for the negligent
law merchant - CORRETC ANSWER - lex mercatoria; commercial rules that merchants
devised over centuries of doing business across national boundaries
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