CPCU 410 - CHAPTER 5 EXAM QUESTIONS AND ANSWERS
WITH COMPLETE SOLUTIONS GRADED A++ LATEST UPDATE
Comparative Negligence
A common-law principle that requires both parties to a loss to share the financial burden
of the bodily injury or property damage according to their respective degrees of fault.
Contributory Negligence
A common-law principle that prevents a person who has been harmed from recovering
damages if that person's own negligence contributed in any way to the harm.
Last Clear Chance Doctrine
An excuse for a plaintiff's contributory negligence that holds the party who has the last
clear chance to avoid harm and fails to do so solely responsible for the harm.
Assumptiom-of-Risk Defense
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.
Pure Comparative Negligence Rule
A comparative negligence rule that permits a plaintiff to recover damages discounted by
his or her own percentage of negligence, as long as the plaintiff is not 100 percent at
fault.
50 Percent Comparative Negligence Rule
A comparative negligence rule that permits a plaintiff to recover reduced damages so
long as the plaintiff's negligence is not greater than the other party's negligence.
, 49 Percent Comparative Negligence Rule
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.
Slight Versus Gross Rule
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.
Release
A legally binding contract between the parties to a dispute that embodies their
agreement, obligates each to fulfill the agreement, and releases both parties from
further obligation to one another that relates to the dispute.
Exculpatory Clause (Exculpatory Agreement)
A contractual provision purporting to excuse a party from liability resulting from
negligence or an otherwise wrongful act.
Liquidated Damages
A reasonable estimation of actual damages, agreed to by contracting parties and
included in the contract, to be paid in the event of a breach or for negligence.
Gross Negligence
An act or omission that completely disregards the safety or rights of others and is
exaggerated or aggravated in nature.
Immunity
A defense that, in certain instances, shields organizations or persons from liability.
Sovereign immunity (governmental immunity)
WITH COMPLETE SOLUTIONS GRADED A++ LATEST UPDATE
Comparative Negligence
A common-law principle that requires both parties to a loss to share the financial burden
of the bodily injury or property damage according to their respective degrees of fault.
Contributory Negligence
A common-law principle that prevents a person who has been harmed from recovering
damages if that person's own negligence contributed in any way to the harm.
Last Clear Chance Doctrine
An excuse for a plaintiff's contributory negligence that holds the party who has the last
clear chance to avoid harm and fails to do so solely responsible for the harm.
Assumptiom-of-Risk Defense
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.
Pure Comparative Negligence Rule
A comparative negligence rule that permits a plaintiff to recover damages discounted by
his or her own percentage of negligence, as long as the plaintiff is not 100 percent at
fault.
50 Percent Comparative Negligence Rule
A comparative negligence rule that permits a plaintiff to recover reduced damages so
long as the plaintiff's negligence is not greater than the other party's negligence.
, 49 Percent Comparative Negligence Rule
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.
Slight Versus Gross Rule
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.
Release
A legally binding contract between the parties to a dispute that embodies their
agreement, obligates each to fulfill the agreement, and releases both parties from
further obligation to one another that relates to the dispute.
Exculpatory Clause (Exculpatory Agreement)
A contractual provision purporting to excuse a party from liability resulting from
negligence or an otherwise wrongful act.
Liquidated Damages
A reasonable estimation of actual damages, agreed to by contracting parties and
included in the contract, to be paid in the event of a breach or for negligence.
Gross Negligence
An act or omission that completely disregards the safety or rights of others and is
exaggerated or aggravated in nature.
Immunity
A defense that, in certain instances, shields organizations or persons from liability.
Sovereign immunity (governmental immunity)
