UGA RMIN 4000 Edmunds Test 4 Questions
and Answers
Basis of Legal Liability - Correct Answers -A legal wrong is a violation of a person's legal
rights, or a failure to perform a legal duty owed to a certain person, to a business
organization, or to a society as a whole.
3 Types of Legal Wrongs - Correct Answers -1. crime
2. breach of contract
3. tort
Tort - Correct Answers -a legal wrong for which the court allows a remedy in the form of
money damages
Plaintiff (tort) - Correct Answers -Injured
Tortfeasor (tort) - Correct Answers -wrongdoer
3 categories of torts - Correct Answers -intentional, negligence, strict liability
Intentional Tort - Correct Answers -intentional act or omission resulting in harm or injury
to another person or damage to their property
Section II - Exclusions to Coverage F - Medical Payments of Others - Correct Answers
--Injury to residence employee off insured location
-workers' comp
-persons regularly residing on the insured location
Common Endorsements to Homeowners Policy - Correct Answers -- inflation guard
- personal property replacement cost
- scheduled personal property
- personal injury
- watercraft
- backup of sewer and drain
Major Rating Variables for Homeowners Insurance - Correct Answers -- construction
type
- geographic location
- fire protection
- replacement cost
- form type
,- year of construction
- deductible
- insurance score
- roof factors
Examples of an Intentional Tort - Correct Answers -Libel, Slander, Invasion of Privacy,
Assault, and Battery
Strict Liability - Correct Answers -liability imposed regardless of negligence or fault
Examples of Strict Liability - Correct Answers -defective products, damages caused by
animals, hazardous activities, workers compensation (exclusive remedy in most
employee injury situations)
Negligence - Correct Answers -the failure to exercise the standard of care required by
law to protect others from an unreasonable risk of harm
What is the standard of care based on - Correct Answers -the care required by a
reasonably prudent person, not the same for each wrongful act
4 elements of negligence - Correct Answers -1. Existence of a legal duty owed
2. Breach of legal duty
3. Damage or injury
4. A proximate cause between the negligence act and the damage
2 Types of Damages - Correct Answers -compensatory and punitive
Compensatory Damages - Correct Answers -compensate the victim for losses actually
incurred
2 Types of Compensatory Damages - Correct Answers -special damages and general
damages
What are the 3 things Special Damages provides compensation for? - Correct Answers
-medical expenses, lost earnings, or property damages
General Damages - Correct Answers -cannot be specifically measured (pain and
suffering)
What is the purpose of Punitive Damages? - Correct Answers -designed to punish
people and organizations so that others are deterred from committing the same
wrongful act
Legal Defenses for Negligence - Correct Answers -the ability to collect damages for
negligence depends on state law
, 4 Legal Negligence defenses - Correct Answers -Contributory negligence, comparative
negligence, last clear chance rule, and assumption of risk
Contributory Negligence - Correct Answers -- The injured person cannot collect
damages if his or her care falls below the standard of care required for his or her
protection
- Under strict application of common law, the injured cannot collect damages if his or
her conduct contributed in any way to the injury
Comparative Negligence - Correct Answers -the financial burden of the injury is shared
by both parties according to their respective degrees of fault
Pure rule (comparative negligence) - Correct Answers -you can collect damages even if
you are negligent, but your reward is reduced in proportion to your fault
50 percent rule (comparative negligence) - Correct Answers -you cannot recover if you
are 50 percent or more at fault
51 Percent Rule (Comparative Negligence) - Correct Answers -you cannot recover if
you are 51% or more at fault
Last Clear Chance Rule - Correct Answers -a plaintiff who is endangered by his or her
own negligence can still recover damages from the defendant if the defendant has a last
clear chance to avoid the accident but fails to do so
Assumption of Risk Doctrine - Correct Answers -a person who understands and
recognizes the danger inherent in a particular activity cannot recover damages in the
event of an injury
Imputed Negligence - Correct Answers -under certain conditions, the negligence of one
person can be attributed to another
5 Examples of Imputed Negligence - Correct Answers -1) employer-employee
relationship
2) vicarious liability (auto)
3) family purpose doctrine (auto)
4) dram shop law/liquor liability
5) joint business venture
Res Ipsa Loquitur true translation - Correct Answers -The thing speaks for itself
Res Ipsa Loquitur - Correct Answers -The very fact that the injury or damage occurs
establishes a presumption of negligence
3 Requirements of Res Ipsa Loquitur - Correct Answers --The event is one that normally
does not occur in the absence of negligence
and Answers
Basis of Legal Liability - Correct Answers -A legal wrong is a violation of a person's legal
rights, or a failure to perform a legal duty owed to a certain person, to a business
organization, or to a society as a whole.
3 Types of Legal Wrongs - Correct Answers -1. crime
2. breach of contract
3. tort
Tort - Correct Answers -a legal wrong for which the court allows a remedy in the form of
money damages
Plaintiff (tort) - Correct Answers -Injured
Tortfeasor (tort) - Correct Answers -wrongdoer
3 categories of torts - Correct Answers -intentional, negligence, strict liability
Intentional Tort - Correct Answers -intentional act or omission resulting in harm or injury
to another person or damage to their property
Section II - Exclusions to Coverage F - Medical Payments of Others - Correct Answers
--Injury to residence employee off insured location
-workers' comp
-persons regularly residing on the insured location
Common Endorsements to Homeowners Policy - Correct Answers -- inflation guard
- personal property replacement cost
- scheduled personal property
- personal injury
- watercraft
- backup of sewer and drain
Major Rating Variables for Homeowners Insurance - Correct Answers -- construction
type
- geographic location
- fire protection
- replacement cost
- form type
,- year of construction
- deductible
- insurance score
- roof factors
Examples of an Intentional Tort - Correct Answers -Libel, Slander, Invasion of Privacy,
Assault, and Battery
Strict Liability - Correct Answers -liability imposed regardless of negligence or fault
Examples of Strict Liability - Correct Answers -defective products, damages caused by
animals, hazardous activities, workers compensation (exclusive remedy in most
employee injury situations)
Negligence - Correct Answers -the failure to exercise the standard of care required by
law to protect others from an unreasonable risk of harm
What is the standard of care based on - Correct Answers -the care required by a
reasonably prudent person, not the same for each wrongful act
4 elements of negligence - Correct Answers -1. Existence of a legal duty owed
2. Breach of legal duty
3. Damage or injury
4. A proximate cause between the negligence act and the damage
2 Types of Damages - Correct Answers -compensatory and punitive
Compensatory Damages - Correct Answers -compensate the victim for losses actually
incurred
2 Types of Compensatory Damages - Correct Answers -special damages and general
damages
What are the 3 things Special Damages provides compensation for? - Correct Answers
-medical expenses, lost earnings, or property damages
General Damages - Correct Answers -cannot be specifically measured (pain and
suffering)
What is the purpose of Punitive Damages? - Correct Answers -designed to punish
people and organizations so that others are deterred from committing the same
wrongful act
Legal Defenses for Negligence - Correct Answers -the ability to collect damages for
negligence depends on state law
, 4 Legal Negligence defenses - Correct Answers -Contributory negligence, comparative
negligence, last clear chance rule, and assumption of risk
Contributory Negligence - Correct Answers -- The injured person cannot collect
damages if his or her care falls below the standard of care required for his or her
protection
- Under strict application of common law, the injured cannot collect damages if his or
her conduct contributed in any way to the injury
Comparative Negligence - Correct Answers -the financial burden of the injury is shared
by both parties according to their respective degrees of fault
Pure rule (comparative negligence) - Correct Answers -you can collect damages even if
you are negligent, but your reward is reduced in proportion to your fault
50 percent rule (comparative negligence) - Correct Answers -you cannot recover if you
are 50 percent or more at fault
51 Percent Rule (Comparative Negligence) - Correct Answers -you cannot recover if
you are 51% or more at fault
Last Clear Chance Rule - Correct Answers -a plaintiff who is endangered by his or her
own negligence can still recover damages from the defendant if the defendant has a last
clear chance to avoid the accident but fails to do so
Assumption of Risk Doctrine - Correct Answers -a person who understands and
recognizes the danger inherent in a particular activity cannot recover damages in the
event of an injury
Imputed Negligence - Correct Answers -under certain conditions, the negligence of one
person can be attributed to another
5 Examples of Imputed Negligence - Correct Answers -1) employer-employee
relationship
2) vicarious liability (auto)
3) family purpose doctrine (auto)
4) dram shop law/liquor liability
5) joint business venture
Res Ipsa Loquitur true translation - Correct Answers -The thing speaks for itself
Res Ipsa Loquitur - Correct Answers -The very fact that the injury or damage occurs
establishes a presumption of negligence
3 Requirements of Res Ipsa Loquitur - Correct Answers --The event is one that normally
does not occur in the absence of negligence
