QUESTIONS AND CORRECT DETAILED ANSWERS| 100%
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A legal wrong is a violation of a persons rights,
or a failure to perform a legal duty owed to a
What is the basis of legal liability
certain person, to a business organization, or
to a society as a whole
1. Crime
What are the 3 types of legal wrongs 2. Breach of contract
3. Tort
A legal wrong for which the court allows
What is a tort?
a remedy in the form of monetary damages
What is a plaintiff the person who is injured
,what is a tortfeasor the alleged wrongdoer
1. Intentional torts
what are the 3 categories of torts 2. Strict Liability
3. Negligence
intentional act or omission resulting in harm or
what is an intentional tort injury to another person or damage to their
property
-Libel
-Slander
what are some examples of intentional
-Invasion of privacy
torts
-Assault
-Battery
Liability imposed regardless of negligence or
What is strict liability
fault
-defective products
-damages caused by animals
what are some examples of strict
-hazardous activities
liability
-workers comp (exclusive remedy in most
employee injury situations)
failure to exercise the standard of
What is a negligence tort care required by law to protect others from an
unreasonable risk of harm
-Based on the care required by a reasonably
What is Standard of care prudent person
-Not the same for each wrongful act
, 1. Existence of a legal duty owed
2. Breach of legal duty
what are the 4 element of negligence 3. Damage or injury
4. Proximate cause between the negligence act
and the damage
1. Compensatory damages
What are the 2 types of damages
2. Punitive damages
what are the 2 types of compensatory 1. Special damages
damages 2. General damages
Compensate the victim for loses actually
what are compensatory damages
incurred
-Provide compensation for medical expenses,
what are special damages lost earnings or property damages
-The damages that can actually be measured
Cannot be specifically measured (pain and
What are general damages
suffering)
Designed to punish people and organizations
What are punitive damages so that others are deterred from committing the
same wrongful act
What are legal defenses for the ability to collect damages for negligence
negligence depends on state law
, 1. Contributory negligence
What are the 4 types of legal defenses 2. Comparative negligence
for negligence 3. Last clear chance rule
4. Assumption of risk
-The injured person cannot collect damages if
his or her care falls below the standard if care
required for his or her protection
What is contributory negligence?
-Under strict application of common law, the
injured cannot collect damages if his or her
conduct contributed in any way to the injury
The financial burden of the injury is shared by
What is comparative negligence both parties according to their respective
degrees at fault
1. Pure rule
what are the 3 rules under
2. 50 percent rule
comparative negligence
3. 51 percent rule
you can collect damages even if you are
what is the pure rule under
negligent, but your reward is reduced in
comparative negligence
proportion to your fault
what is the 50 percent rule under you cannot recover if you are 50 percent or
comparative negligence more at fault
what is the 51 percent rule under you cannot recover if you are 51 percent or
comparative negligence more at fault
A plaintiff who is endangered by his or her
own negligence can still recover damages from
What is the last clear chance rule
the defendant if the defendant has a last clear
chance to avoid the accident but fails to do so