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LGS EXAM 1-CHAPTERS 6 & 10 questions with 100% correct answers
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LGS EXAM 1-CHAPTERS 6 & 10 questions with 100% correct answers
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LGS EXAM 1-CHAPTERS 6 & 10 questionswith 100% correct answers
Tort - correct answer ✔✔A civil wrong not arising from a breach of contract. A breach of a legal duty that
proximately causes harm or injury to another.
What are the two basses for all torts and what do they mean? - correct answer ✔✔Wrongs-Tort law is
designed to compensate those who have suffered a loss or injury due to another person's wrongful act.
and
Compensation (remedy)-In a tort action, one person or group brings a lawsuit against another person or
group to obtain compensation (monetary damages) or other relief for the harm suffered.
What is the purpose or tort law and give an example - correct answer ✔✔to provide remedies for the
violation of various protected interests - person, property.
example:Society recognizes an interest in protecting property, and tort law provides remedies for acts
that cause destruction of or damage to property.
What are damages, what distinguishes them from "damage" - correct answer ✔✔A monetary award
sought as a remedy for a breach of contract or a tortious act.
"damage" refers to harm or injury to persons or property
What are compensatory damages and what are they broken down into? - correct answer ✔✔A money
award equivalent to the actual value of injuries or damage sustained by the aggrieved party.
They are broken down into
Special damages - An amount awarded to compensate the plaintiff for quantifiable monetary losses,
such as medical expenses, property damage, and lost wages and benefits (now and in the future).
and
General damages - An amount awarded to compensate individuals for the nonmonetary aspects of the
harm suffered, such as pain and suffering. General damages are usually not available to companies.
, What are punitive damages and when are they appropriate/available? - correct answer ✔✔Money
damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.
-appropriate only when the defendant's conduct was particularly egregious (outrageous) or
reprehensible (shameful).
-available in intentional tort actions and only rarely in negligence lawsuits; however, they may be
awarded in suits involving gross negligence
-subject to limitations under the U.S. Constitution's due process clause.
How do state laws effect punitive damages? - correct answer ✔✔-More than half of the states have
placed caps ranging from $250,000 to $750,000 on noneconomic general damages (such as for pain and
suffering), especially in medical malpractice suits.
-More than thirty states have limited punitive damages, with some imposing outright bans.
What are the two broad classifications of torts? - correct answer ✔✔-Intentional torts: Intentional torts
result from the intentional violation of person or property (fault plus intent).
-Unintentional torts (torts involving negligence): Negligence results from the breach of a duty to act
reasonably (fault without intent).
What is an intentional tort and who commits a torte? - correct answer ✔✔A wrongful act knowingly
committed.
-The tortfeasor must intend to commit an act, the consequences of which interfere
with another's personal or business interests in a way not permitted by law.
-Tortfeasor:One who commits a tort.
-^An evil or harmful motive is not required
-In tort law, intent means only that the person intended the consequences of his or her act or knew with
substantial certainty that specific consequences would result from the act.
What is transferred intent and what is an example? - correct answer ✔✔A legal principle under which a
person who intends to harm one individual, but unintentionally harms a different individual, can be
liable to the second victim for an intentional tort.
-Example of transferred intent:
• Alex swings a bat intending to hit Blake but misses and hits Carson instead.
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