BUSI 2371- Ch. 12 – Flashcards
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John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John's illness is outside of Dr. Smith's area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, he can defend himself under
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Good Samaritan statutes
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While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory. They become lost, and a rescue effort begins. Climbing the mountain, a snowplow accidentally cuts a nearby town's main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders' negligence in ignoring the warning signs is
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the causation in fact, but not the proximate cause, of Ethel's death.
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Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of
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assumption of the risk
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The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeaser does NOT wish to bring about the consequence of the act, nor does she or he believe that they will occur.
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True
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Order of negligence action
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Duty- Breach- Causation- Damages
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Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc. unreasonably violated its standard duty of care?
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No, because stoves get hot and some people get burned when they are careless
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The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.
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False
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Those who enter retail premises are called business ________.
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invitees
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Storeowners must warn business invitees of _________ risks.
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foreseeable
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A landowner has a duty to discover and remove any ________ dangers to customers or other invitees.
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hidden
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When risks are so _______, owners need not warn of them
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obvious
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An attorney's conduct is judged by the reasonable person standard.
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False
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Which of the following questions does a court NOT ask to determine whether the requirement of causation is met?
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Was there intent?
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You accidentally bump into someone on the sidewalk and that person falls, but is unharmed. Nonetheless, that person usually can successfully sue you for damages?
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False
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Negligence _____ ____ may occur if an individual violates a statute providing for a criminal penalty if that violation causes another to be harmed.
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per se
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_______ ______ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations
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Good samaritan
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________-shop acts imposes liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.
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Dram
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Assumption of risk does NOT require
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voluntary assumption of the risk
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An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.
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True
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Contributory Negligence
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A theory in tort law in which a complaining party's own negligence contributed to or caused his or her injuries.
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Comparative Negligence
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A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.
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The basic purpose of tort law is to punish criminal wrongdoers
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false
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Compensatory Damages
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Intended to compensate or reimburse a plaintiff for actual losses
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Special Damages
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Intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses.
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General damages
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Intended to compensate individuals (but not companies) for the nonmonetary aspects of the harm suffered from a tort, such as pain and suffering
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Punitive damages
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Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing.
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There are two broad classifications of torts:
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intentional torts and unintentional torts
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Because an international tort requires intent, a harmful motive is required
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false
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A person who commits a tort is known as a
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tortfeasor
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Battery
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An unexcused and harmful or offensive physical contact intentionally performed.
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Assault
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Any intentional and unexcused threat of immediate harmful or offensive contact.
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Stiles is much stronger than Ben and threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles
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for assault and battery because there was both a threat and a harmful action.
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Which of the following has nothing to do with false imprisonment?
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You are made fearful of unwanted and possibly harmful contact with another person.
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Hank may be able to sue his neighbor Larson for _____________ if Larson sends Hank a text message telling him that his wife was killed in a car accident even though Hank knew that it was untrue.
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infliction of emotional distress
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Defamation (libel or slander)
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A false statement of fact, not made under privilege, that is communicated to a third person and that causes damage to a person's reputation. For public figures, the plaintiff must also prove that the statement was made with actual malice.
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Invasion of Privacy
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Publishing or otherwise making known or using information relating to a person's private life and affairs, with which the public has no legitimate concern, without that person's permission or approval.
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Fraudulent Misrepresentation
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1. A misrepresentation of material facts with knowledge of their falsity. 2. An intent to cause another party to rely on the misrepresentation. 3. Justifiable reliance on the misrepresentation. 4. Damages suffered as a result of that reliance. 5. A causal connection between the misrepresentation and the injury suffered.
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Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate's tooth. Nate may bring a lawsuit against Ethan
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for assault and battery
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Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for
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appropriation
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Ted is running down the sidewalk at a high rate a speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except:
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damages
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Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for
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infliction of emotional distress
