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Exam (elaborations)

MGMT 209 EXAM 2 || with Accurate Answers 100%.

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  • Course
  • MGMT 209
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  • MGMT 209

What is a tort? correct answers Civil wrong other than breach of contract for which the law provides a remedy in the form of damages For torts, Crimes are against correct answers society as a whole Torts are to punish by correct answers hitting the defendant in the pocketbook by making him/he...

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  • August 17, 2024
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  • Exam (elaborations)
  • Questions & answers
  • MGMT 209
  • MGMT 209
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MGMT 209 EXAM 2 || with Accurate Answers 100%.
What is a tort? correct answers Civil wrong other than breach of contract for which the law
provides a remedy in the form of damages

For torts, Crimes are against correct answers society as a whole

Torts are to punish by correct answers hitting the defendant in the pocketbook by making
him/her pay money for damages

Torts proven by a more likely than not correct answers standard

Three major types of torts correct answers intentional torts, negligence, strict liability

Intentional Torts involves correct answers a deliberate action resulting in a harm

Tortfeasor correct answers one who commits a tort

Intentional Torts does not mean correct answers that the tortfeasor meant to harm the innocent
party

Negligence is correct answers Unintentional tort

Negligence arises due to correct answers failing to use reasonable care

Strict Liability is correct answers Liability without fault

Strict Liability is usually reserved for correct answers abnormally dangerous activities

Purposes of Tort Law correct answers Appeasement
Justice
Deterrence
Social Insurance

Appeasement correct answers Try to limit negative impact to the injury itself

Appeasement is accomplished in two ways correct answers a) Compensation to victim

b) The satisfaction that defendant had to pay

Ethical retribution correct answers payment of compensation is harmful to the tortfeasor, justice
requires that the tortfeasor should be harmed

Ethical compensation correct answers victim was harmed, victim should be compensated

Deterrence correct answers prevention

, Social Insurance correct answers Party in the best position to spread the loss of injury should pay

Compensatory Damages purpose is to correct answers make the innocent party whole again by
covering
a) Past and future medical expenses
b) Past and future economic loss
c) Past and future pain and suffering

Compensatory Damages is determined by correct answers a jury in trial or judge if no jury

Punitive damages is designed to correct answers punish the defendant/tortfeasor, awarded for
a) "gross negligence" or
b) "willful and wanton" disregard for safety

8th Amendment (excessive fines) normally does not apply to correct answers Punitive damages

Browning-Ferris-Industries of Vermont, Inc. v. Kelco, 1989 correct answers Led to tort reform
a) State Legislatures
b) Statutory limitation on punitive damages
c) Usually a multiple, three or four times the actual compensatory damages
d) Generally pushed by the insurance industry
e) Basically buying off the state legislators and judges

Businesses involvement in tort
normally in three ways: correct answers 1) Due to actions of business or its employees
2) Due to business actions against another business
3) Due to business products

Most large verdicts against businesses and insurance companies are reduced by correct answers
1) The trial judge
2) Appellate judges/justices

Types of Intentional Torts correct answers personal and property

Assault is a __________________________________ tort correct answers Personal Intentional
Torts

Assault is correct answers intentional act placing a person in fear or apprehension of immediate
bodily harm or offensive contact

Fear can be legitimate even if correct answers threat cannot be carried out

Hill v. Western Union Telegraph correct answers Assault

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