What types of tort damages are money damages to make up, or compensate, for harm caused, like direct damages, lost wages, or “pain and suffering”?
What types of tort damages are intended to punish the defendant for his malicious, willful, or outrageous acts?
What types of tort damages are token damages, like $1?
In negligence actions in Massachusetts, if the plaintiff is 55% at fault, what is the result?
In negligence actions in Massachusetts, if the plaintiff is 35% at fault, what is the result?
In most cases, what is the general duty of care owed towards other people in society?
When someone fails to act according to his legal duty, what has occurred
What is the general duty of care owed by a landowner towards guests on his property?
The duty to use reasonable care to eliminate dangerous conditions on the land under the doctrine of attractive nuisance exists to reduce the risk of injury to whom?
Which five elements must a plaintiff in a negligence action prove?
What is also known as a “but for” causation in negligence actions?
What type of negligence causation considers foreseeability?
André is a wrestler. One day while he is wrestling at an arena, the roof collapses on his head. Can he recover damages for his injuries?
A is smoking a cigarette and flicks the lit cigarette into the mulch in front of a vacant building, which catches fire and is destroyed. B, the building owner sues A for negligence; can he recover and why?
A is smoking a cigarette and flicks the lit cigarette into the mulch in front of a vacant building, which catches fire and is destroyed. The fire spreads and burns down 6-city blocks. Can the owners of all of the destroyed buildings recover in negligence against A and why?
What tort defense occurs when the plaintiff agreed to the harmful conduct and gives up his right to sue later?
What tort defense is a justification for taking certain action in order to protect one’s safety?
In negligence actions if the plaintiff voluntarily assumed a known risk or danger, what is the result?
Oliver is an off-duty doctor who just ended his shift. As he walked down the street he noticed a man choking on a piece of taffy. Tired and not wanting to be bothered, Oliver continued walking home without stopping. The man choked to death. Did Oliver have a duty to help the choking man, why or why not?
In self-defense, when may deadly force be used?
What tort occurs when a person communicates or publishes a statement to a third party about another person that injures that person’s reputation, subjects him to ridicule, and causes him damages?
What protects original inventions or designs, giving the inventor exclusive ownership for a period of time?
What protects a creative expression that is permanently fixed (written, recorded, painted, stored on computer, etc.), giving the owner exclusive rights to the expression?
What protects a symbol or words legally registered or established by use, which represents a company or product and gives the owner exclusive right to use it?
What is the legal term for written defamation?
Compensatory Damages
Punitive Damages
Nominal Damages
Plaintiff cannot recover due his fault under Comparative Negligence
Plaintiff's award will be reduced due to his own fault under Comparative Negligence to 65%
Duty of reasonable care under the circumstances
Breach of duty
Duty to warn of known dangers
Trespassing children
Duty, Breach, Actual Cause, Proximate Cause, Damages
Cause in Fact or Actual Cause
Proximate Cause
André can recover if he can prove that the property owner breached his duty of reasonable care in failing to maintain his roof
Yes because A breached her duty of reasonable care and the fire was foreseeable
No because although A breached her duty of reasonable care, the burning of half of the city was not foreseeable
Consent
Necessity
Assumption of the Risk
No, Oliver had no duty towards the man, and therefore, cannot be held legally responsible for failing to act
To protect oneself only if it is reasonably believed that imminent death or serious bodily harm is certain to result
Defamation
Patent
Copyright
Trademark
Libel
