BUL3310 FSU EXAM 2 GRADED A+

BUL3310 FSU EXAM 2 GRADED A+ A tort can be a wrongful act against a person, a person's property, or both. ️TRUE Tort ️An omission (failure to act) or a wrongful act (other than breach of contract) against a person or his/her property. Intentional Torts ️Intentionally injuring another person or their property. Negligence ️Failure to do that which an ordinary, reasonable, prudent person would do, or the doing of some act that an ordinary person would not do. Strict Liability ️Fault of a party even when they are not negligent. Victim/Plaintiff ️May recover damages for the injuries received, usually b/c the other party was "at fault" in causing the injury. Compensatory Damages ️Victim of Tort will get sum of money imposed on defendant as compensation for the plaintiff b/c the defendant has injured the Plaintiff by breach of a legal duty. This should make them whole. Include medical expenses, lost income from earnings, property damage, and pain & suffering and loss of life or limb. Can be Economic (e.g.., lost earnings) or Non-economic (e.g.., pain and suffering) Economic losses in tort ️- Loss from sales commission - Lost income - Lost tips Non-Economic losses in tort ️Pain and suffering Punitive Damages ️Money damages to punish the wrongdoer Exemplary damages To be awarded punitive damages ️Act must be intentional with willful or evil intent or grossly negligent (conscious disregard for others) In some states part or a percentage of the punitive damages are awarded to the state and not the victim/plaintiff. Persons Liable ️Every person is liable for their own torts A Person is liable for their own torts even if it is in the performance of their own job while working for an employer. ️TRUE The Doctrine under which employers are liable for torts committed by employees while they are acting within the scope of their employment is ____________________. ️Respondeat superior Respondeat Superior ️Employer/principal is liable for torts of employees/agents while performing their duties (discussed more later in this course). Joint and Several Liability ️Every person responsible for the tort is liable for paying 100% of the damages, even if they were only 1% at fault (sue the deep pockets) Liability of Children ️- Depends on age - Under 7 no liability - 7-10 years presumption of no liability may be rebutted - 10 or 14 same liability as adults - Parents generally not liable for acts of children unless child acting as agent of parent or parents may be separately liable for not watching their child. Al, Bill, Chad and Dan were found jointly and severally liable for 100,000 of property damages caused when a fraternity got out of hand. Al, Bill, and Chad do not have the money to pay for their share of the damages. The only solvent defendant is Dan. The most that Dan will have to pay is ️100,000 In joint and several liability one party is potentially liable to pay the entire amount of the judgment.