Chapter 12: Tort Liability - Short Answer, Fill In The Blank, You Be The Judge

Front 1

**Grounds for actions in torts can be divided into three categories. What are they?

Back 1

1. intentional interference

2. strict liability

3. negligence

Front 2

To have a valid cause of action for negligence, four prerequisites must exist. What are they?

Back 2

1. a duty to protect others

2. a failure to exercise an appropriate standard of care

3. the existence of a causal connection between act and injury, proximate or legal cause

4. an injury must occur, damage or loss

Front 3

There are four general defenses for negligence. What are they?

Back 3

1. contributory negligence

2. comparative negligence

3. assumption of risk

4. immunity

Front 4

The word "tort" is derived from the Latin word ____, meaning twisted.

Back 4

tortus

Front 5

Grounds for actions in tort cases can be divided into three categories: _____, _____, _____.

Back 5

intentional interference

strict liability

negligence

Front 6

An overt act or intent to harm is called _____.

Back 6

assault

Front 7

An intentional tort that occurs through physical contact is _____.

Back 7

battery

Front 8

The doctrine of _____ holds that the teacher or school official stands in the place of the parent.

Back 8

in loco parentis

Front 9

_____ may accrue if an activity of a school is classified as "hazardous" or "ultrahazardous".

Back 9

strict liability

Front 10

After a hurricane had damaged a tree near a school , the tree was removed, but a stump remained. When Alice Watson took her class out to play at recess, she told them to stay away from the stump. Van was playing near the stump and was warned two additional times to stay away. the teacher, while observing another part of the playground, did not see Van get hurt on the stump. Van sustained a lacerated pancreas. Van's parents sued the teacher for negligence.

(Held for the teacher. teacher could not insure total safety, and the child had been warned twice.)

Back 10

Defendant

Front 11

Randy Esco, a 13-year-old student, was playing touch football during recess. he fell into a 10-foot ditch that was hidden by weeds while participating in the game and was severely injured. His parents sued, claiming negligence since Randy was a new student at the school and the teacher should have warned him of the danger. The defendants claimed contributory negligence.

(Held for the parents. The new student should have been told that a ditch was hidden by the weeds.)

Back 11

Plaintiff

Front 12

A teacher was directing the play "Lil Abner," and decided to use live shells in the shotgun with the powder, wadding, and the shot removed. During the show when the shotguns were fired a student was hit by wadding and was injured. The students had removed the shot, but had stuffed newspaper in the shell. The teacher had not inspected the shells or the guns before the play. The parents of the injured student sued. The teacher claimed that the students were old enough to follow her instructions to remove all dangerous materials.

(Found for student. The teacher should have checked the materials, and was therefore negligent.)

Back 12

Plaintiff

Front 13

Robert Cross drove a school bus for the Lowry School District. A dedicated driver, he was usually very careful about obeying traffic rules. HOwever, it was his rigid observance of one particular rule that resulted in severe injuries to Tommy Grassler, a young passenger on his bud. the rule read in part... no driver shall stop a school bus for loading or unloading purposes in a no-passing are such as a hill or curve which does not afford reasonable visibility to approaching motor vehicles from both directions...

Little boy was let off bus, waited for 2 cars to pass, then crossed to his drive way and was hit by the car. He probably never saw it coming.

(Found for the parent. Bus driver know the rules and did not follow them.)

Back 13

Plaintiff

Front 14

Stephanie, a 12-year-old, disappeared during a 10 minute break between Math and English classes. Her books, coat and purse were lying on the desk in English class. Ms. Wood called the roll and conducted class even though classmates called her attention to the unattended belongings. Later, Stephanie was found dead in a nearby river. The parents sued, claiming the school had not conducted a search or notified the parents that she was missing.

(Found for the school. Brief absence of supervision was not the proximate cause of the death.)

Back 14

Defendant

Front 15

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Back 15

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