| Tort Damages | Duty & Breach | Causation | Tort Defenses | Intellectual Property |
| 10 | 10 | 10 | 10 | 10 |
| 20 | 20 | 20 | 20 | 20 |
| 30 | 30 | 30 | 30 | 30 |
| 40 | 40 | 40 | 40 | 40 |
| 50 | 50 | 50 | 50 | 50 |
| Final Question | ||||
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 money damages to make up, or compensate, for harm caused, like direct damages, lost wages, or “pain and suffering”?
Compensatory Damages
What types of tort damages are intended to punish the defendant for his malicious, willful, or outrageous acts?
What types of tort damages are intended to punish the defendant for his malicious, willful, or outrageous acts?
Punitive Damages
What types of tort damages are token damages, like $1?
What types of tort damages are token damages, like $1?
Nominal Damages
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 55% at fault, what is the result?
Plaintiff cannot recover due his fault under Comparative Negligence
In negligence actions in Massachusetts, if the plaintiff is 35% at fault, what is the result?
In negligence actions in Massachusetts, if the plaintiff is 35% at fault, what is the result?
Plaintiff's award will be reduced due to his own fault under Comparative Negligence to 65%
In most cases, what is the general duty of care owed towards other people in society?
In most cases, what is the general duty of care owed towards other people in society?
Duty of reasonable care under the circumstances
When someone fails to act according to his legal duty, what has occurred
When someone fails to act according to his legal duty, what has occurred
Breach of duty
What is the general duty of care owed by a landowner towards guests on his property?
What is the general duty of care owed by a landowner towards guests on his property?
Duty to warn of known dangers
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?
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?
Trespassing children
Which five elements must a plaintiff in a negligence action prove?
Which five elements must a plaintiff in a negligence action prove?
Duty, Breach, Actual Cause, Proximate Cause, Damages
What is also known as a “but for” causation in negligence actions?
What is also known as a “but for” causation in negligence actions?
Cause in Fact or Actual Cause
What type of negligence causation considers foreseeability?
What type of negligence causation considers foreseeability?
Proximate Cause
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?
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?
André can recover if he can prove that the property owner breached his duty of reasonable care in failing to maintain his roof
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. B, the building owner sues A for negligence; can he recover and why?
Yes because A breached her duty of reasonable care and the fire was foreseeable
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?
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?
No because although A breached her duty of reasonable care, the burning of half of the city was not foreseeable
What tort defense occurs when the plaintiff agreed to the harmful conduct and gives up his right to sue later?
What tort defense occurs when the plaintiff agreed to the harmful conduct and gives up his right to sue later?
Consent
What tort defense is a justification for taking certain action in order to protect one’s safety?
What tort defense is a justification for taking certain action in order to protect one’s safety?
Necessity
In negligence actions if the plaintiff voluntarily assumed a known risk or danger, what is the result?
In negligence actions if the plaintiff voluntarily assumed a known risk or danger, what is the result?
Assumption of the Risk
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?
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?
No, Oliver had no duty towards the man, and therefore, cannot be held legally responsible for failing to act
In self-defense, when may deadly force be used?
In self-defense, when may deadly force be used?
To protect oneself only if it is reasonably believed that imminent death or serious bodily harm is certain to result
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 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?
Defamation
What protects original inventions or designs, giving the inventor exclusive ownership for a period of time?
What protects original inventions or designs, giving the inventor exclusive ownership for a period of time?
Patent
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 creative expression that is permanently fixed (written, recorded, painted, stored on computer, etc.), giving the owner exclusive rights to the expression?
Copyright
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 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?
Trademark
What is the legal term for written defamation?
What is the legal term for written defamation?
Libel
Besides actions against common carriers, what are the three other types of strict liability torts? (You must have all three to get this correct)
Besides actions against common carriers, what are the three other types of strict liability torts? (You must have all three to get this correct)
1) Dangerous Animals, 2) Hazardous Materials, & 3) Products Liability
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