Exs379 Ch 16 + 13 Exam

Front 1

Ordinary Negligence Standard

Back 1

Athletes would liable for unsafe conduct which is prohibited by playing rules or by reasonable standards of behavior. This standard is erroneous, and the courts have been reluctant to follow it.

Front 2

Willful or Wanton Standard

Back 2

Players would be responsible if their actions indicated willful or wanton disregard for the welfare of others. More serious than simple negligent errors of omission or commission.

Front 3

Wanton Acts

Back 3

Know that their actions or failures to act may result in the injuries of others, but they go ahead and do it anyway. Although they do not really intend to hurt anyone, they know that it is a distinct possibility and make no reasonable attempt to avoid it.

Front 4

Willful Acts

Back 4

Entail more of an intention. Athletes who deliberately make late hits to instill fear in their opponents or to take them out of the game.

Front 5

Directed verdict

Back 5

Judge finds for the defendant as a matter of the law.

Front 6

Reckless or Willful disregard

Back 6

Combination or ordinary negligence and willful or wanton standards.

Front 7

Tortfeaser

Back 7

A wrongdoer; an individual who commits a wrongful act that injures another and for which the law provides a legal right to seek relief; a defendant in a civil tort action.

Front 8

Tort

Back 8

A civil wrong for which an individual may seek recompense through the courts.

Front 9

Negligence

Back 9

Failing to do something that a reasonable person would or wouldn't have done.

Front 10

Waiver

Back 10

Participants or their parents absolve the coach or teacher of liability if an injury occurs as a result of the specified activity.

Front 11

Primary Assumption of Risk

Back 11

A legal theory that precludes the recovery of damages for an injury resulting from a risk that is inherent to the activity.

Front 12

Comparative Fault

Back 12

Amount of damages that the plaintiff would recover would be decreased by the athletes percentage of responsibility.

Front 13

Participation Agreement

Back 13

Formal document indicating that the participant of participants parents understand appreciate the risk involved in the activities.

Front 14

Open and Obvious

Back 14

When risks are held to the responsibility of the participant.

Front 15

Act of God

Back 15

Beyond reasonable control of the teacher.

Front 16

Right to Sue

Back 16

Any person can sue another person at any time for any reason.

Front 17

Doctrine of Entitlement

Back 17

This sense of need for compensation - in essence a humanitarian desire to help the needy - can slant the perceptions of otherwise unbiased jurors.

Front 18

Settlement

Back 18

Financial agreement to a lawsuit. Neither party admits guilt.

Front 19

The myth of being risk free.

Back 19

Impossible to conduct a program of physical activity that is entirely safe.

Front 20

Breach

Back 20

Error of omission that forms the basis for complaint.

Front 21

Forseeability

Back 21

A reasonable person should have realized that someone might suffer some type of injury.

Front 22

Proximate Cause

Back 22

Particular injury for which compensation is being sought was actually caused or aggravated by the defendant's negligent act.

Front 23

Contributory Fault

Back 23

Injured party is found to have acted in a manner which fell below the standard reasonably expected of a participant in the same circumstances and which helped to cause or aggravate the injury in question.