RMIN 4000 UGA Edmunds Exam 4
requirements of res ipsa loquitur - does not normally occur in absence of negligence, defendant
has exclusive control over the instrumentality causing the accident, and injured party has not
contributed to the accident
assumption of risk - A person who understands and recognizes the danger inherent in a particular
activity cannot recover damages in the event of an injury (foul ball at game)
contributory negligence - Injured person cannot collect if their care falls below the standard of
care required for their protection or they are 1% responsible
Philidelphia judicial hellhole - Reputation for excessive verdicts and its "open door" policy to out
of state
Georgia judicial hellhole - Continue rise in nuclear verdicts, increasing role of third-party litigation
financing, and premise liability. trial lawyers and jackpot verdict paydays. advertising focus on truckers
legal wrong - a violation of a person's legal rights, or a failure to perform a legal duty owed to a
certain person, to a business org., or to a society as a whole
types of legal wrongs - crime, breach of contract, and tort
tort - Legal wrong for which the court allows a remedy in the form of monetary damages
plaintiff - the person who is injured
, Tortfeasor - the alleged wrongdoer
categories of tort - intentional, strict liability, and negligence
intentional torts - Intentional act or omission resulting in harm or injury to another person or
damage to their property
examples of intentional tort - libel, slander, invasion of privacy, assault, patent infringements
strict liability - Liability imposed regardless of negligence or fault (damage from animals,
hazardous activities)
negligence tort - Failure to exercise the standard of care required by law to protect others from an
unreasonable risk of harm
standard of care - not the same for each wrongful act; based on the care required by a reasonably
prudent person
elements of negligence - existence of a legal duty owed, breach of legal duty, damage or injury,
and proximate cause between act and damage
compensatory damages - compensate the injured party for the harm suffered (special and
general)
special damages - lost work earnings, medical bills, property repair costs
general damages - Loss of a companion, disfigurement, pain and suffering
punitive damages - Punish the wrongdoer and to deter others from doing similar acts
requirements of res ipsa loquitur - does not normally occur in absence of negligence, defendant
has exclusive control over the instrumentality causing the accident, and injured party has not
contributed to the accident
assumption of risk - A person who understands and recognizes the danger inherent in a particular
activity cannot recover damages in the event of an injury (foul ball at game)
contributory negligence - Injured person cannot collect if their care falls below the standard of
care required for their protection or they are 1% responsible
Philidelphia judicial hellhole - Reputation for excessive verdicts and its "open door" policy to out
of state
Georgia judicial hellhole - Continue rise in nuclear verdicts, increasing role of third-party litigation
financing, and premise liability. trial lawyers and jackpot verdict paydays. advertising focus on truckers
legal wrong - a violation of a person's legal rights, or a failure to perform a legal duty owed to a
certain person, to a business org., or to a society as a whole
types of legal wrongs - crime, breach of contract, and tort
tort - Legal wrong for which the court allows a remedy in the form of monetary damages
plaintiff - the person who is injured
, Tortfeasor - the alleged wrongdoer
categories of tort - intentional, strict liability, and negligence
intentional torts - Intentional act or omission resulting in harm or injury to another person or
damage to their property
examples of intentional tort - libel, slander, invasion of privacy, assault, patent infringements
strict liability - Liability imposed regardless of negligence or fault (damage from animals,
hazardous activities)
negligence tort - Failure to exercise the standard of care required by law to protect others from an
unreasonable risk of harm
standard of care - not the same for each wrongful act; based on the care required by a reasonably
prudent person
elements of negligence - existence of a legal duty owed, breach of legal duty, damage or injury,
and proximate cause between act and damage
compensatory damages - compensate the injured party for the harm suffered (special and
general)
special damages - lost work earnings, medical bills, property repair costs
general damages - Loss of a companion, disfigurement, pain and suffering
punitive damages - Punish the wrongdoer and to deter others from doing similar acts
