AIC 301 Expanding Your Claims Perspective (Associate In
Claims - Institutes Course 2) Questions With Complete
Solutions
"But for" rule Correct Answers A rule used to determine
whether a defendant's act was the proximate cause of a plaintiff's
harm based on the determination that the plaintiff's harm could
not have occurred but for the defendant's act
49 percent comparative negligence rule Correct Answers A
comparative negligence rule that permits a plaintiff to recover
reduced damages so long as the plaintiff's negligence is less than
the other party's negligence
50 percent comparative negligence rule Correct Answers A
comparative negligence rule that permits a plaintiff to recover
reduced damages so long as the plaintiff's negligence is not
greater than 50 percent of the total negligence leading to harm.
Accession Correct Answers An increase or addition to property
Accord and satisfaction Correct Answers An agreement
(accord) to substitute performance other than that required in a
contract and the carrying out of that agreement (satisfaction)
Active negligence Correct Answers A plaintiff's voluntary use
of a defective product with knowledge of the potential danger
resulting from the defect
Administrative act (discretionary act) Correct Answers An act,
a decision, a recommendation, or an omission made by a
,government official or agency within the authority of that office
or agency
Adverse possession Correct Answers The claim of ownership
of land by possession that is exclusive, open, hostile,
unpermitted, and continuous for a statutory period
Allegation Correct Answers A claim made in the complaint by
the plaintiff, specifying what the plaintiff expects to prove to
obtain a judgment against the defendant.
Alternative Dispute Resolution (ADR) Correct Answers
Procedures to help settle disputes without litigation, including
arbitration, mediation, and negotiation.
Alternative liability Correct Answers An expanded liability
concept that shifts the burden of proof to each of several
defendants in a tort case when there is uncertainty regarding
which defendant's action was the proximate cause of the harm.
Anticipatory breach Correct Answers A party's unequivocal
indication before contract performance is due that he or she will
not perform when performance is due.
Assault Correct Answers The threat of force against another
person that creates a well-founded fear of imminent harmful or
offensive contact.
Assignee Correct Answers The individual or entity to whom
property, rights, or interests have been transferred.
,Assignment Correct Answers The transfer of rights or property
Assignor Correct Answers The party to a contract who makes
an assignment
Assumption of risk Correct Answers A defense to negligence
that bars a plaintiff's recovery for harm caused by the
defendant's negligence if the plaintiff voluntarily incurred the
risk of harm.
Assumption-of-risk defense Correct Answers A defense to
negligence that bars a plaintiff's recovery for harm caused by the
defendant's negligence if the plaintiff voluntarily incurred the
risk of harm.
Attractive nuisance doctrine Correct Answers A doctrine
treating a child as a licensee, or guest, rather than a trespasser on
land containing an artificial and harmful condition that is certain
to attract children
Bad faith Correct Answers An insurer's intentional or reckless
act (extreme or outrageous in nature) or denial of coverage
without proper cause, often causing emotional distress and
resulting in extracontractual and/or punitive damages.
Bad faith (outrage) Correct Answers A breach of the duty of
good faith and fair dealing
Bailee Correct Answers The party temporarily possessing the
personal property in a bailment.
, Bailment Correct Answers The temporary possession by one
party (the bailee) of personal property owned by another party
(the bailor) for a specific purpose, such as cleaning or repair.
Bailor Correct Answers The owner of the personal property in
bailment
Bankruptcy law Correct Answers The body of federal law that
allows debtors who are unable to pay their creditors to divide
their assets among their creditors to discharge the debts.
Battery Correct Answers Intentional harmful or offensive
physical contact with another person without legal justification
Bilateral contract Correct Answers A contract in which each
party promises a performance
Bilateral mistake Correct Answers A perception by both parties
to a contract that does not agree with the facts.
Bill of lading Correct Answers A document acknowledging
receipt of goods from the shipper, given by the carrier which
includes the terms of the contract of carriage for the goods.
Binder Correct Answers A temporary written or oral agreement
to provide insurance coverage until a formal written policy is
issued
Breach of contract Correct Answers The failure, without legal
excuse, to fulfill a contractual promise
Claims - Institutes Course 2) Questions With Complete
Solutions
"But for" rule Correct Answers A rule used to determine
whether a defendant's act was the proximate cause of a plaintiff's
harm based on the determination that the plaintiff's harm could
not have occurred but for the defendant's act
49 percent comparative negligence rule Correct Answers A
comparative negligence rule that permits a plaintiff to recover
reduced damages so long as the plaintiff's negligence is less than
the other party's negligence
50 percent comparative negligence rule Correct Answers A
comparative negligence rule that permits a plaintiff to recover
reduced damages so long as the plaintiff's negligence is not
greater than 50 percent of the total negligence leading to harm.
Accession Correct Answers An increase or addition to property
Accord and satisfaction Correct Answers An agreement
(accord) to substitute performance other than that required in a
contract and the carrying out of that agreement (satisfaction)
Active negligence Correct Answers A plaintiff's voluntary use
of a defective product with knowledge of the potential danger
resulting from the defect
Administrative act (discretionary act) Correct Answers An act,
a decision, a recommendation, or an omission made by a
,government official or agency within the authority of that office
or agency
Adverse possession Correct Answers The claim of ownership
of land by possession that is exclusive, open, hostile,
unpermitted, and continuous for a statutory period
Allegation Correct Answers A claim made in the complaint by
the plaintiff, specifying what the plaintiff expects to prove to
obtain a judgment against the defendant.
Alternative Dispute Resolution (ADR) Correct Answers
Procedures to help settle disputes without litigation, including
arbitration, mediation, and negotiation.
Alternative liability Correct Answers An expanded liability
concept that shifts the burden of proof to each of several
defendants in a tort case when there is uncertainty regarding
which defendant's action was the proximate cause of the harm.
Anticipatory breach Correct Answers A party's unequivocal
indication before contract performance is due that he or she will
not perform when performance is due.
Assault Correct Answers The threat of force against another
person that creates a well-founded fear of imminent harmful or
offensive contact.
Assignee Correct Answers The individual or entity to whom
property, rights, or interests have been transferred.
,Assignment Correct Answers The transfer of rights or property
Assignor Correct Answers The party to a contract who makes
an assignment
Assumption of risk Correct Answers A defense to negligence
that bars a plaintiff's recovery for harm caused by the
defendant's negligence if the plaintiff voluntarily incurred the
risk of harm.
Assumption-of-risk defense Correct Answers A defense to
negligence that bars a plaintiff's recovery for harm caused by the
defendant's negligence if the plaintiff voluntarily incurred the
risk of harm.
Attractive nuisance doctrine Correct Answers A doctrine
treating a child as a licensee, or guest, rather than a trespasser on
land containing an artificial and harmful condition that is certain
to attract children
Bad faith Correct Answers An insurer's intentional or reckless
act (extreme or outrageous in nature) or denial of coverage
without proper cause, often causing emotional distress and
resulting in extracontractual and/or punitive damages.
Bad faith (outrage) Correct Answers A breach of the duty of
good faith and fair dealing
Bailee Correct Answers The party temporarily possessing the
personal property in a bailment.
, Bailment Correct Answers The temporary possession by one
party (the bailee) of personal property owned by another party
(the bailor) for a specific purpose, such as cleaning or repair.
Bailor Correct Answers The owner of the personal property in
bailment
Bankruptcy law Correct Answers The body of federal law that
allows debtors who are unable to pay their creditors to divide
their assets among their creditors to discharge the debts.
Battery Correct Answers Intentional harmful or offensive
physical contact with another person without legal justification
Bilateral contract Correct Answers A contract in which each
party promises a performance
Bilateral mistake Correct Answers A perception by both parties
to a contract that does not agree with the facts.
Bill of lading Correct Answers A document acknowledging
receipt of goods from the shipper, given by the carrier which
includes the terms of the contract of carriage for the goods.
Binder Correct Answers A temporary written or oral agreement
to provide insurance coverage until a formal written policy is
issued
Breach of contract Correct Answers The failure, without legal
excuse, to fulfill a contractual promise
