BLAW 3310 Exam 2 UPDATED Questions and CORRECT Answers
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Course
BLAW 3310
Institution
BLAW 3310
BLAW 3310 Exam 2 UPDATED Questions
and CORRECT Answers
Torts - CORRECT ANSWER - An injury or wrong committed with or without force
against another person or his properly; a civil wrong that is a breach of a legal duty owed by the
person who commits the tort to the victim of the tort
BLAW 3310 Exam 2 UPDATED Questions
and CORRECT Answers
Torts - CORRECT ANSWER - An injury or wrong committed with or without force
against another person or his properly; a civil wrong that is a breach of a legal duty owed by the
person who commits the tort to the victim of the tort
Negligence Pg 147 - CORRECT ANSWER - The failure to do something that a reasonable
person, guided by the ordinary considerations that regulate human affairs, would do or the doing
of something that a reasonable person would not do
"Reasonable person" standard of care - CORRECT ANSWER - Represents how persons in
the relevant community ought to behave; a theoretical concept It describes a hypothetical person
who acts in a reasonable manner under the circumstances. Perfection is not required but errors in
judgment must be reasonable or excusable under circumstances, or negligence will be found
Professional standard e.g. breach called malpractice - CORRECT ANSWER - Medical
malpractice; The patient expects the doctor and his subordinates to adhere to standards that
would prevent undue harm and distress to patients under his or her care
Causation - CORRECT ANSWER - the plaintiff must show that the defendant's breach of
duty caused the plaintiff's harm.
-causation in fact
-proximate cause
Causation in fact - CORRECT ANSWER - An act or omission without which an event
would not have occurred. Courts express this in the form of a rule commonly referred to as the
"but for" rule: the injury to a person would not have happened but for the conduct of the
wrongdoer
Proximate cause - CORRECT ANSWER - In tort law, the action of the defendant that
produces the plaintiffs injuries, without which the injury/damage in question would not have
existed
,Premises liability e.g. invitee - CORRECT ANSWER - An intentional tort, or a tort based
on negligence, when the owner or party with responsibility for maintaining certain properly fails
to provide adequate safely for vistors to the properly against criminal attacks or accidents
Palsgraf vs. Long Island Railway Pg 145 - CORRECT ANSWER - Palsgraf was hit pretty
bad on the head after a railroad worker helped get a man onboard a train, but dropped a package
full of fireworks. The fireworks exploded caused some scales on the platform, where she was
standing, to fall, thus hitting her.
There was no negligence on the part of the railroad, and no proximate cause in the entire
situation. Long Island Railroad Company won the case.
Case dealt with proximate cause.
Defenses to negligence - CORRECT ANSWER - The defense would be when the plaintiff
had knowledge of the danger, voluntarily exposed himself to the danger, and was injured.
Assumption of Risk - CORRECT ANSWER - States a plaintiff may not recover for the
injuries or damages that result from an activity in which the plaintiff willingly participated.
Exculpatory clause - CORRECT ANSWER - A part of a contract that releases one of the
parties from liability for their wrongdoings; not favored at laws
Comparative negligence - CORRECT ANSWER - A defense to negligence whereby the
plaintiffs damages are reduced by the proportion his fault bears to the total injury he has suffered
51% Rule for contributory negligence - CORRECT ANSWER - The plaintiff must
contribute at least 51% of the negligence for no recovery to be allowed.
Intentional torts - CORRECT ANSWER - Harm caused by a deliberate action
What is intent? - CORRECT ANSWER - -First, the person knew what he was doing.
, -Second, the person knew, or should have known, the possible consequences of his act.
-Third, knowing that certain results are likely to occur.
Assault - CORRECT ANSWER - Any word or action intended to cause another to be in
fear of immediate physical harm
Battery - CORRECT ANSWER - The intentional unallowed touching of another. The
"touching" may involve a mere touch that is offensive or an act of violence that causes serious
injury
Feuerbach v Southwest Airlines - CORRECT ANSWER - Background: she works and she
finishes her task and her friend made a prank where they brought two officers to cuff her and to
pretend that she did wrong and as it turned out to be a celebration of getting off the proportion
and she brought a lawsuit because of the trauma. The assault and battery happened from the
officers(making up the lies as the also cuffed aka touch her) SouthW airlines defense would be "
this what you get when u work for us aka we all friendly and helpful (can't you take a joke???)"
The appeals court held that Fuerschbach may have a claim for assault and battery against police
officers who participated in a prank celebrating her work accomplishment.
Self defense - CORRECT ANSWER - use of force that appears reasonably necessary for
the self-protection of an intended victim
Consent - CORRECT ANSWER - Occurs when the injured party gave permission to the
alleged wrongdoer to interfere with a personal right. May be expressed or implied by words or
conduct.
False imprisonment - CORRECT ANSWER - -Restraining an individual or restricting an
individual's freedom
-The detention need not be physical; verbal restraints, such as threats or using a position of
authority, may be the basis of an action for false imprisonment.
Infliction of emotional distress - CORRECT ANSWER - a tort in which a defendant
purposely engages in an action that causes extreme emotional harm to the plaintiff
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