RMI 4224 Schriefer Exam 3 UPDATED ACTUAL Questions And Correct Answers
C
Terms in this set (25)
Legal Liability is established in three ways: 1. A party has committed a tort. ( Either Intentional or Unintentional)
2. A person violates a statute or law. (Strict Liability)
3. A person or organization assumes the responsibility of another through a
contract. (contractual liability)
Unintentional Tort Negligence is often defined as failure to exercise that amount of care an ordinary,
reasonable prudent person is required to use to protect others from
unreasonable risk of harm or injury.
Measures of Negligence 1. Prudent Person Concept
2. Elements of Negligence
Prudent person concept less formal more intuitive measure of negligence that examines the care used by a
person who allegedly commits negligence and compares that care with what is
reasonably expected. (can be used by a judge or jury)
Elements of Negligence (4) 1. Legal Duty/ Standard of Care
2. Breach of Duty
3. Proximate Cause
4. Actual Loss or Damage
Legal Duty/ Standard of care A customer walks in to a restaurant; a duty relationship is automatically
established. the customer is a guest and has an implied invitation to be on the
premises. The restaurant owner must maintain the premises in a manner that the
customer is not harmed.
Breach of Duty A waiter drops a glass of water at a restaurant, the restaurant owner or employee
has a duty to clean up, or set up a barricade (chair or caution sign) or use some
other reasonable way to direct customers around the spill, until it can be cleaned
up and removed. If the spill is not removed and causes a customer to fall and be
injured, a ___________ has occurred.
Proximate Cause if the water spill is not cleaned up and there are no barricades or other warnings
to customers present, when a customer falls and is injured as a result of the water
spill, then the _______________ of damage is the breach of duty to clean up the
water spill (maintain the restaurant in a manner that does not harm customers)
Actual Loss or Damages in the restaurant example of a customer slipping and falling , if the fall results in a
broken leg, medical bills incurred, time lost from work resulting in a loss of
income, and replacement of damaged clothing _ have occurred. If the
customer simply falls, is not injured, and property damages of the customer is not
damaged, there should be no claim pursued, as there are no _ _.
C
Terms in this set (25)
Legal Liability is established in three ways: 1. A party has committed a tort. ( Either Intentional or Unintentional)
2. A person violates a statute or law. (Strict Liability)
3. A person or organization assumes the responsibility of another through a
contract. (contractual liability)
Unintentional Tort Negligence is often defined as failure to exercise that amount of care an ordinary,
reasonable prudent person is required to use to protect others from
unreasonable risk of harm or injury.
Measures of Negligence 1. Prudent Person Concept
2. Elements of Negligence
Prudent person concept less formal more intuitive measure of negligence that examines the care used by a
person who allegedly commits negligence and compares that care with what is
reasonably expected. (can be used by a judge or jury)
Elements of Negligence (4) 1. Legal Duty/ Standard of Care
2. Breach of Duty
3. Proximate Cause
4. Actual Loss or Damage
Legal Duty/ Standard of care A customer walks in to a restaurant; a duty relationship is automatically
established. the customer is a guest and has an implied invitation to be on the
premises. The restaurant owner must maintain the premises in a manner that the
customer is not harmed.
Breach of Duty A waiter drops a glass of water at a restaurant, the restaurant owner or employee
has a duty to clean up, or set up a barricade (chair or caution sign) or use some
other reasonable way to direct customers around the spill, until it can be cleaned
up and removed. If the spill is not removed and causes a customer to fall and be
injured, a ___________ has occurred.
Proximate Cause if the water spill is not cleaned up and there are no barricades or other warnings
to customers present, when a customer falls and is injured as a result of the water
spill, then the _______________ of damage is the breach of duty to clean up the
water spill (maintain the restaurant in a manner that does not harm customers)
Actual Loss or Damages in the restaurant example of a customer slipping and falling , if the fall results in a
broken leg, medical bills incurred, time lost from work resulting in a loss of
income, and replacement of damaged clothing _ have occurred. If the
customer simply falls, is not injured, and property damages of the customer is not
damaged, there should be no claim pursued, as there are no _ _.
