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