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LOMA 311 MODULE 1 EXAM QUESTIONS AND ANSWERS RATED 100% CORRECT

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LOMA 311 MODULE 1 EXAM QUESTIONS AND ANSWERS RATED 100% CORRECT which of the following is not an example of an intentional tort?- slander- libel- contributory negligence- fraudulent misrepresentation - Answer-- contributory negligence Lisa keynes trespassed onto a construction site despite see...

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  • February 14, 2025
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  • 2024/2025
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LOMA 311 MODULE 1 EXAM
QUESTIONS AND ANSWERS RATED
100% CORRECT
which of the following is not an example of an intentional tort?- slander- libel-
contributory negligence- fraudulent misrepresentation - Answer-- contributory
negligence

Lisa keynes trespassed onto a construction site despite seeing several "no trespassing"
and "danger zone" signs before entering the property. She suffered an injury while on
the premises. Ms. Keynes sued the company that owned the property for damages. The
property owner's insurance company, Morningstar life insurance, argued that its insured
had posted clear warning signs about the dangers inherent to the ongoing construction,
and Ms. Keynes was aware of those dangers when she chose to trespass. Morningstar
is using the affirmative defense known as assumption ofa. comparative negligenceb.
assumption of the risk - Answer-assumption of the risk

legal remedies - Answer-These remedies primarily involved the payment of money
damages to injured parties. Over time, legal remedies were inadequate to remedy some
wrongs - monetary compensation

equitable remedies - Answer-not bound by the existing rigid procedures and were given
discretionary power to base their decisions on moral rights and concepts of justice. -
chancery divisions

compensatory damages - Answer-actual damages, are intended to compensate an
injured party for the amount of the monetary losses that resulted from the defendant's
wrongful conduct

generally include losses
- physical
- mental
- emotional injures

price paid- typically consist of the amount of the plaintiff's medical expenses and loss of
earnings, including loss of future earnings

Punitive damages (exemplary damages) - Answer-damages awarded in addition to
compensatory damages when a defendant's wrongful conduct was malicious or willful.

this is meant to punish the defendant and deter others from similar conduct
- wanton

,- willful
- deliberate

nominal damages - Answer-when she was wronged but she did not suffer a loss as a
result of the wrong, she cannot prove the amount of the loss with reasonable certainty,
or the loss was trivial

- plaintiff wouldn't receive compensatory because she failed to prove amount of
damages with reasonable certainty

duty to mitigate damages - Answer-that is to minimize the amount of damages that
result from the defendant's wrong. The plaintiff cannot recover damages for a loss that
she could have avoided or lessened by reasonable efforts. Thus, the plaintiff's failure to
mitigate damages is an affirmative defense to a civil action.

- will reduce amount defendant pays

to be granted equitable relief - Answer-a plaintiff must have
- no adequate remedy at law: equity only intervenes when damages do not adequately
compensate a plaintiff

- must come into court with clean hands: will not aid a party who acts unfairly or
dishonestly equity will deny relief in these cases

- must not be guilty of laches: unreasonably delayed in pursuing a claim for relief and
the defendant was harmed in some way

possible equitable remedies in breach of contract - Answer-- reformation
- recission
- specific performance

reformation - Answer-equitable remedy in which a written contract is rewritten to
express the original agreement of the contracting parties. Reformation is available when
the parties entered into the written contract but the document does not accurately reflect
their agreement

rescission - Answer-equitable remedy in which a contract is cancelled or rescinded an
the parties are returned to the position they would have been in had no contract ever
been created.

specific performance - Answer-equitable remedy that requires a party who has
breached a contract to carryout the contact according to its terms
ex- land sales

declaratory judgement - Answer-judicial statement that declares or denies the parties'
legal rights but does not include specific relief or any means to enforce those rights.

, injunction - Answer-court order that prohibits a party from committing a specific act.
Typically, courts issue injunctions in cases in which a defendant is committing or
threatening to commit an act that would harm a plaintiff

Restitution - Answer-a legal remedy and at other times an equitable remedy in which a
party is ordered to return property to its owner or to the person entitled to it. The basic
purpose of restitution is to prevent unjust enrichment: A person should not be allowed to
profit or be enriched as a result of a wrong committed at the expense of another person.
Restitution is available in civil actions in which it is more appropriate to restore to the
plaintiff what the defendant received than to award damages in the amount of the
plaintiff's losses

Liquidated damages: - Answer-- civil action
a sum of money that the parties to a contract have specified in their agreement as the
amount of damages to be recovered by a party if the other party breaches the contract

prospective damages - Answer-- civil action
damages that have not occurred at the time of the trial of a case but that are reasonably
likely to occur as a result of the defendant's conduct

Statutory damages - Answer-- civil action
damages that are awarded under the provision of a statue rather than under the
common law rules governing damages for civil wrongs

remote damages - Answer-- not civil action
damages for losses that the defendant could not reasonably have anticipated resulting
from a given set of facts

Speculative damages - Answer-- not a civl action
damages that may occur in the future as a result of the defendants actions but that also
depend on the occurrence of other uncertain contingencies

Alternative Dispute Resolution (ADR) Methods - Answer-any nonjudicial method of
resolving dispute themselves by means of formal or informal negotiations.
- mediation
- arbitration

Mediation - Answer-process in which an impartial third party known as a mediator,
facilitates negotiations between the parties in an effort to create a mutually agreeable
resolution of the dispute.

arbitration - Answer-process in which impartial third parties known as. arbitrators
evaluate the facts in dispute and render a decision that is usually binding on the parties

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