Jeopardy- Torts

Donna M. Kesot, CPCU10-13-11

100 100 100 100

Negligence Doctrines Misc.Parties

400400400

300 300 300

200 200 200200

300

400

C1 100 Question

Tort

C1 100 Answer

What is a wrongful act or an omission, other than a crime or a breach of contract, that invades a legally protected right.

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C1 200 Question

An obligation imposed by law for the preservation of the legally protected rights of others.

C1 200 Answer

What is a legal duty?

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C1 300 Question

Negligence

C1 300 Answer

What is the failure to exercise the degree of care that a reasonable person in a similar situation would exercise to avoid harming others?

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C1 400 Question

What is the reasonable person test?

C1 400 Answer

A standard for the degree of care exercised in a situation that is measured by what a reasonably cautious person would or would not do under similar circumstances.

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C2 100 Question

Plaintiff

C2 100 Answer

Who is the person or entity who files a lawsuit and is named as a party?

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C2 200 Question

Tortfeasor

C2 200 Answer

Who is a person or organization that has committed a tort?

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C2 300 Question

The party in a lawsuit against whom a complaint is filed.

C2 300 Answer

What is a defendant?

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C2 400 Question

Bailee

C2 400 Answer

What is the party temporarily possessing the personal property in a bailment?

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C3 100 Question

An act that is considered inherently negligent because of a violation of a law or ordinance.

C3 100 Answer

What is negligence per se?

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C3 200 Question

The control of only one person or entity; in tort law the control by the defendant alone of an instrument that caused harm.

C3 200 Answer

What is exclusive control?

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C3 300 Question

A legal doctrine that provides that, in some circumstances, negligence is inferred simply by an accident occurring.

C3 300 Answer

What is res ipsa loquitur?

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C3 400 Question

The failure to conform to the standard of care required in the situation.

C3 400 Answer

What is breach of duty?

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C4 100 Question

Proximate cause

C4 100 Answer

What is a cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without which the event would not have happened?

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C4 200 Question

Intervening act

C4 200 Answer

What is an act, independent of an original act and not readily foreseeable, that breaks the chain of causation and sets a new chain of events in motion that cause harm?

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C4 300 Question

Foreseeability rule

C4 300 Answer

What is a rule used to determine proximate cause when a plaintiff’s harm is the natural and probable consequence of the defendant’s wrongful act and when an ordinarily reasonable person would have foreseen the harm?

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C4 400 Question

Concurrent causation doctrine

C4 400 Answer

What is a legal doctrine stating that if a property loss can be attributed to two or more independent concurrent causes—one or more excluded by the policy and one covered—then the policy covers the loss?

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