Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
19 Cards in this Set
- Front
- Back
|
Tort
|
A negligent or civil wrong not based on a contract or statute.
|
|
|
Negligence
|
The omission to do something which a reasonable man would do. Must show duty, breach, proximate cause, damages.
|
|
|
Expert Witness
|
Person in possession of certain special knowledge not withing the understanding of the general public.
|
|
|
Deep Pocket Theory
|
The theory that the plaintiff will look for a defendant with insurance to enhance the probability of actually collecting a judgment.
|
|
|
Jointly and Severally Liable
|
Each tort feasor can be held fully responsible for the total injury.
|
|
|
intervening sufficient cause
|
Another person's negligent act can cut off the liability of a prior tortfeasor
|
|
|
Negligence Per Se
|
conduct which may be declared and treated as negligence without any argument or proof, either because of violation of a statute or municipal ordinance.
|
|
|
Res Ipsa Loquitur
|
The thing speaks for itself
|
|
|
Nominal Damages
|
Token damages which are awarded when a right has been violated but no actual loss of money has been suffered.
|
|
|
Compensatory Damages
|
Damages which compensate the plaintiff for his loss of money.
|
|
|
Punitive Damages
|
Damages awarded to punish a wrong doer and to discourage others from engaging in similar conduct.
|
|
|
Contributory Negligence
|
The plaintiff contributes with his own negligence. This is an affirmative defense.
|
|
|
Affirmative Defense
|
a new matter which constitutes a defense to it.
|
|
|
Assumption of risk
|
Defense based on the idea that the plaintiff should have known of the dangerous condition which caused his injury.
|
|
|
Respondeat Superior
|
Also known as master/servant rule provides that an employer is responsible for the tort committed while they are acting within the scope of their employment.
|
|
|
Risk Management
|
Activites engaged in by the employees benefited the employers, therefore the risk is greater for the employer.
|
|
|
scope of employment
|
actions engaged in by an employee that benefits the employer.
|
|
|
Independent Contractor
|
the employer has little or no control over the employee.
|
|
|
implied warranty of merchantability
|
The nature of the sale dictates assurances that are made by the seller.
|
