QUESTIONS WITH SOLUTIONS GRADED A+
◍ Market share liability.
Answer: An expanded liability concept that applies when a product that has
harmed a consumer cannot be traced to a single manufacturer; all
manufacturers responsible for a substantial share of the market are named in
the lawsuit and are liable for their proportional share of the judgment.
◍ Intentional tort.
Answer: A tort committed by a person who foresees (or should be able to
foresee) that his or her act will harm another person.
◍ Slight versus gross rule.
Answer: A rule of comparative negligence that permits the plaintiff to
recover only when the plaintiff's negligence is slight in comparison with the
gross negligence of the other party.
◍ Consignee.
Answer: The person or organization that receives property being transported
by a carrier.
◍ Procedural rule.
Answer: A type of administrative agency rule that prescribes procedures for
agency operations, legislative rulemaking, and adjudication proceedings.
◍ Nonwaiver agreement.
Answer: A signed agreement indicating that during the course of
investigation, neither the insurer nor the insured waives rights under the
policy.
◍ Personal property.
Answer: All tangible or intangible property that is not real property.
,◍ Lien.
Answer: A creditor's legal right or interest in another's property, usually
lasting until satisfaction of the specific debt or duty that the lien secures.
◍ Consideration.
Answer: Something of value or bargained for and exchanged by the parties
to a contract.
◍ Trespass.
Answer: Unauthorized entry to another person's real property or forcible
interference with another person's personal property.
◍ Vicarious liability.
Answer: A legal responsibility that occurs when one party is held liable for
the actions of a subordinate or an associate because of the relationship
between the two parties.
◍ Exculpatory clause.
Answer: A contractual provision purporting to excuse a party from liability
resulting from negligence or an otherwise wrongful act.
◍ Breach of contract.
Answer: The failure, without legal excuse, to fulfill a contractual promise.
◍ Private nuisance.
Answer: An unreasonable and unlawful interference with another's use or
enjoyment of his or her real property.
◍ Alternative liability.
Answer: 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.
◍ Tenancy.
Answer: A right to possession or ownership, or both, of property.
◍ Reasonable person test.
Answer: A standard used to determine if a person's behavior is negligent.
, ◍ Executory contract.
Answer: A contract that has not been completely performed by one or both
of the parties.
◍ Nuisance per se.
Answer: An act, occupation, or structure that is a nuisance at all times and
under any conditions, regardless of location or surroundings.
◍ Concurrent causation doctrine.
Answer: A legal doctrine stating that if a loss can be attributed to two or
more independent concurrent causes—one or more excluded by the policy
and one covered—then the policy covers the loss.
◍ Bilateral mistake.
Answer: A perception by both parties to a contract that does not agree with
the facts.
◍ Ministerial act.
Answer: An act that is directed by law or other authority and that requires no
individual judgment or discretion about whether or how to perform it.
◍ Administrative act (discretionary act).
Answer: An act, a decision, a recommendation, or an omission made by a
government official or agency within the authority of that office or agency.
◍ Common law (case law).
Answer: Laws that develop out of court decisions in particular cases and
establish precedents for future cases.
◍ Consequential damages.
Answer: A payment awarded by a court to indemnify an injured party for
losses that result indirectly from a wrong such as a breach of contract or a
tort.
◍ Joint tenancy.
Answer: A concurrently owned and undivided interest in an estate that
transfers to a surviving joint tenant upon the death of the other.