Tort Law Final Exam
foreseeability - Answer-in tort law, the predictability of an event or occurrence
joint tortfeasors - Answer-persons who act with others in causing a tortious wrong
joint and several liability - Answer-legal doctrine under which a P may sue all of the responsible parties
jointly or any of them severally
contribution - Answer-the right of a joint tortfeasor who has paid a judgment in full to be proportionally
reimbursed by other joint tortfeasors for their share of the harm
satisfaction - Answer-payment in full of judgment by a liable party
release - Answer-document formally relinquishing a plaintiff's claim
covenant not to sue - Answer-legally enforceable promise by P not to sue person in whose favor the
covenant is made
vicarious liability - Answer-legal responsibility of one person for the wrongful conduct of another
respondeat superior - Answer-legal doctrine under which an employer can be held vicariously liable for
wrongful conduct of employees committed within course and scope of employment
, independent contractor - Answer-one for works for another but whose working conditions and methods
are not controlled by the hiring party
employer - Answer-one who hires another to perform work on his behalf and has the right to control the
details of how the work is performed
employee - Answer-worker who is subject to an employer's control over details of the work
course and scope of employment - Answer-conduct of an employee performed in the interests of and on
behalf of the employer
frolic and detour - Answer-when an employee deviates from or abandons the employer's business
interests and acts in furtherance of own personal interests
joint enterprise liability - Answer-legal doctrine under which persons working together for a common
business purpose may be held vicariously liable for acts of others in the joint enterprise
automobile consent statutes - Answer-legislative acts that make the owners of automobiles vicariously
liable for negligence of any person to whom auto is entrusted
omnibus clause - Answer-clause in many standard car insurance policies that provides that liability
insurance for designated car applies to the named insured, members of household, and any person
using the car with driver's permission
family purpose doctrine - Answer-doctrine allowing P to sue car owner for negligent acts of owner's
family when immediate family member is driving car for family purposes
negligence - Answer-harm to persons/property caused by failure to exercise reasonable care (no intent
requirement)
foreseeability - Answer-in tort law, the predictability of an event or occurrence
joint tortfeasors - Answer-persons who act with others in causing a tortious wrong
joint and several liability - Answer-legal doctrine under which a P may sue all of the responsible parties
jointly or any of them severally
contribution - Answer-the right of a joint tortfeasor who has paid a judgment in full to be proportionally
reimbursed by other joint tortfeasors for their share of the harm
satisfaction - Answer-payment in full of judgment by a liable party
release - Answer-document formally relinquishing a plaintiff's claim
covenant not to sue - Answer-legally enforceable promise by P not to sue person in whose favor the
covenant is made
vicarious liability - Answer-legal responsibility of one person for the wrongful conduct of another
respondeat superior - Answer-legal doctrine under which an employer can be held vicariously liable for
wrongful conduct of employees committed within course and scope of employment
, independent contractor - Answer-one for works for another but whose working conditions and methods
are not controlled by the hiring party
employer - Answer-one who hires another to perform work on his behalf and has the right to control the
details of how the work is performed
employee - Answer-worker who is subject to an employer's control over details of the work
course and scope of employment - Answer-conduct of an employee performed in the interests of and on
behalf of the employer
frolic and detour - Answer-when an employee deviates from or abandons the employer's business
interests and acts in furtherance of own personal interests
joint enterprise liability - Answer-legal doctrine under which persons working together for a common
business purpose may be held vicariously liable for acts of others in the joint enterprise
automobile consent statutes - Answer-legislative acts that make the owners of automobiles vicariously
liable for negligence of any person to whom auto is entrusted
omnibus clause - Answer-clause in many standard car insurance policies that provides that liability
insurance for designated car applies to the named insured, members of household, and any person
using the car with driver's permission
family purpose doctrine - Answer-doctrine allowing P to sue car owner for negligent acts of owner's
family when immediate family member is driving car for family purposes
negligence - Answer-harm to persons/property caused by failure to exercise reasonable care (no intent
requirement)
