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10 Cards in this Set
- Front
- Back
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Define Tort
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Private wrong or injury other than a breach of contract, where the courts will provide a remedy in the form of an action for damages. |
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Identify Two types of torts and provide one example of each: |
1. Intentional Torts - Intentionally hitting someone 2. Unintentional Torts - Client accidentally left the coffee pot on causing a fire. |
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Define the Doctrine of Negligence |
Places a duty on all people to use due care in their interactions with others which injury may result. |
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Courts do not expect perfection of defendants. What will courts use as a measurement of a defendant's actions? |
Courts will compare defendant's actions with that of a reasonable man. |
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What are 2 activities which could result in trespassers successfully suing occupiers? |
1. Setting traps for trespassers 2. intentionally harming trespassers. |
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In common law, independent contractors are responsible for their own torts. For occupiers to avoid torts of independent contractors, what must occupiers prove? |
1. must show reasonable care in selection of contractor 2. Work requested to be completed was reasonable. |
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What two conditions must be present for a products liability claim to proceed? |
1. Loss must occur away from premises of person selling the product 2. Seller has completely given up possession of product causing loss. |
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What two options are available to injured parties when they wish to sue manufacturers? |
1. injured parties may sue in contract 2. injured parties may sue in tort |
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What are three duties owed by manufacturers to users of their products? |
1. Safe Design 2. Provide Instructions if needed 3. Proper warnings of dangers for use. |
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What are two ways tenants may be found liable for damage to premises they occupy? |
1. Tenants may be found liable in tort. 2. Tenants may be found liable in contract. |
