General Principles
What is a Tort?
What is Civil wrong that interferes with one's property or person?
What is an assault?
What is an intentional conduct that threatens a person with a well-founded fear of imminent harm; with the present ability to carry out the threat?
What is the first element of negligence?
What is Duty?
A plaintiff who is also negligent gives the defendant the opportunity to raise the defense of?
What is contributory negligence?
Why was strict liability developed?
What is to provide guaranteed protection for those who are injured by conduct the law deems both serious and inexcusable.
What is a Crime?
What is A wrong that arises from a violation of a public duty?
What is A wrong of such nature that the appropriate level of government steps in to prosecute and punish?
What is the intentional act with the wrongful touching of another person without that person's consent?
What is Battery?
What is the second element of negligence?
What is breach of duty?
What did most states adopt for a fairer approach to handling cases in which both the plaintiff and the defendant are negligent?
What is comparative negligence?
What is strict liability?
What is an absolute standard of liability imposed by the law in circumstances the courts or legislatures have determined require a high degree of protection?
What are the three types of torts?
What is intentional torts, negligence, and strict liability?
What privilege gives the right of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment.
What is Shopkeeper's privilege?
Who is a risk of a malpractice if their duty is not properly rendered?
What is an accountant, doctor, lawyer, dentist, or architect?
If the defendant is deemed 80% at fault and the plaintiff is deemed 20% at fault; due to the comparative negligence defense would the plaintiff receive damages?
What is yes?
What is the results when strict liability is imposed?
What is the company or person who has caused injury or damages by the conduct will be required to compensate for those damages?
What happens if the same act is both a crime and a tort?
What is the government may prosecute the wrongdoer for violation of criminal law, and the individual who experiences the direct harm may recover damages?
What is required to prove intentional infliction of emotional distress (IIED)?
What is this tort requires proof of outrageous conduct and resulting emotional distress in the victim?
What compensation is the successful plaintiff is entitled to?
What is past and future pain and suffering (mental anguish), past and future physical impairment, past and future medical care, and past and future loss of earning capacity.
What are the two categories of the assumption of the risk?
What is express assumption of the risk and implied primary assumption of the risk?
What is the most common strict liability?
What is a statutory duty is imposed and in product liability?
What is when the act that is committed causes harm to a person it is called a tort, for the government side it is called a crime.
What are the elements of Defamation?
What is the making of defamatory statement, publication of the defamatory material, and damages that result from the statement?
What are two critical factors to consider in assessing damage involving permanent disabilities with loss of earning capacity?
What is life and work life expectancy?
When a plaintiff has impliedly consented, often in advance of any negligence by the defendant, to relieve a defendant of a duty to the plaintiff regarding specific known and appreciated risks is considered?
What is implied primary assumption of the risk?
What is the example of strict liability that is stated in chapter 8?
What is "there are requirements for the use, transportation, and sale of radioactive materials, as well as the disposal of biomedical materials and tools. Any violation of these rules and regulations would result in strict liability for the company or person in violation."