What claim would William have against Annette for taking the lawn chair? What action would William have against Annette for taking the rake?
Trespass to property
.
What action would Jon have against Taylor for taking the rake?
What action would Jon have against Taylor for taking the rake?
Trespass to personal property
. Kelly is sure that Juan has stolen her basketball tickets from her office since he was talking about how badly he wanted to go to the championship game earlier in the week.
Which of the following is true regarding the banks claim that it should be able to recover under the res ipsa loquitur doctrine?
Which of the following applies to cases in which the defendant has violated?
Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?
Which of the following must a plaintiff prove to win a negligence case quizlet?
To win a negligence case, the plaintiff must prove four elements:
(1) duty, (2) breach of duty, (3) causation, and (4) damages
.
Which of the following is an accurate statement regarding the use of implied assumption of the risk as a defense by defendants?
Which of the following is an accurate statement regarding the use of express assumption of the risk as a defense by defendants? Implied assumption of the risk means that
a plaintiff implicitly assumed a known risk
.
Is liability a no fault?
Wrongful conduct is a form of fault, and
strict liability is liability without regard to fault
. Fault in the doing may be present, but its presence is not essential to liability. Thus, when liability in tort is strict, the basis for liability is not that the defendant's conduct was defective.
What type of torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm group of answer choices?
A civil wrong that occurs when the defendant acts in a way that subjects other people to an unreasonable risk of harm (i.e., the defendant is careless, to someone else's detriment).
Negligence claims
are usually used to achieve compensation for accidents and injuries.
Which of the following must a plaintiff prove to win a recovery in a negligence case?
The four elements that a plaintiff must prove to win a negligence suit are 1)
Duty, 2) Breach, 3) Cause, and 4) Harm
.
Which of the following means let the master answer?
Respondeat Superior
is a Latin phrase that means- Let the master answer. This is a common-law doctrine that holds an employer legally liable for the actions of an employee when the actions take place within the scope of employment and under the supervision of the employer.
Which of the following elements must a plaintiff generally show in order to recover in a product liability lawsuit?
Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit?
That the product is defective and also that the defect existed when the product left the defendant's control
.
What is an example of a tort claim?
Common torts include:
assault, battery, damage to personal property, conversion of personal property, and intentional infliction of emotional distress
. Injury to people may include emotional harm as well as physical harm.
Which of the following is a defense that a defendant could raise in an action based on strict liability?
Defenses to an action in strict liability include:
voluntary assumption of risk
and, in some states, comparative negligence.
What is a defense against negligence?
To successfully defend against a negligence suit,
the defendant will try to negate one of the elements of the plaintiff's cause of action
. In other words, the defendant introduces evidence that he or she did not owe a duty to the plaintiff; exercised reasonable care; did not cause the plaintiff's damages; and so forth.
Which one of the following is a Defence to false imprisonment?
One of the affirmative defenses to the false imprisonment tort is called the
shopkeeper's privilege defense
. in this situation, a defendant store-owner has detained the plaintiff because the defendant believed that the plaintiff has stolen or is attempting to steal an item from the defendant.
What is the total restraint in false imprisonment?
Who is liable for false imprisonment?
What are the four elements of a negligence claim that Betsy must establish in her complaint?
When and how can a plaintiff claim damages if the defendant has breached a duty of care quizlet?
“the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.”
Plaintiff must prove (1) defendant owed a duty of care to the plaintiff
(2) the defendant breached this duty of car (3) the plaintiff suffered injury (4) the defendant's negligent act …
What must be proven by the plaintiff in order to recover on a claim of negligence quizlet?
What is an example of assumption of risk?
An example of implied assumption of risk is
if an amusement park patron stood and watched a roller coaster for several minutes before deciding to go on the ride
. The patron's observation of the roller coaster suggests an understanding of the inherent risks and a decision to assume those risks.
Which of the following is a true statement regarding the use of assumption of the risk as a defense available to defendants multiple choice question?
What is implied assumption of risk?
Implied assumption of risk
prevents a party with knowledge and appreciation that they are at risk from recovering against a tortfeasor for any harm within that risk
. Harm within the risk generally includes any harm which is inherent to the activity; for example, the risk of physical injury while playing contact sports.
Is it law of tort or law of torts?
It Is
Law Of Torts
: Salmond on the other hand, preferred the second alternative and for him, there is no law of tort, but there is law of torts. According to him the liability under this branch of law arises only when the wrong is covered by any one or other nominate torts.
What is fault tort law?
Fault definition:
A negligent or intentional failure to act reasonably or according to law or duty; an act or omission giving rise to a criminal indictment or a civil tort lawsuit
. Defendant's tort must be proven to have caused the loss suffered. Fault is an essential ingredient of tort law.
What is tort liability?
What type of tort occurs when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm quizlet?
a civil wrong that occurs when the defendant acts an a way that subjects other people to an unreasonable risk of of harm (i.e., the defendant is careless ,to someone else detriment).
Negligence claims
are usually used to achieve compensation for accidents and injuries.
What type of action can an individual file if he she has been injured because of another's negligence?
Which of the following is an example of torts against persons?
How did the claimant in Donoghue v Stevenson bring her action?
Mrs Donoghue was not able to claim through breach of warranty of a contract: she was not party to any contract. Therefore, she
issued proceedings against Stevenson, the manufacture
, which snaked its way up to the House of Lords.
Which is an example of negligence?
What are the 4 defenses to negligence?
- What is Negligence?
- Negligence A Duty of Care?
- Negligence Breach of Duty of Care?
- Causation?
- Cause-in-Fact.
Which is another name for a health insurance specialist group of answer choices?
` Health insurance specialists (or
reimbursement specialists
) review health-related claims to determine the medical necessity for procedures or services performed before reimbursement is made to the provider.
Which defines a profession delineates qualifications and responsibilities and clarifies supervision requirements Group of answer choices?
Question Answer | Which term or phrase defines the profession, delineates qualifications and responsibilities, and clarifies supervision requirements? scope of practice | CHAMPUS stands for: Civilian Health and Medical Plan of the Uniformed Services | CPT stands for: current procedural terminology |
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Which form of medical practice ends with the death of the owner?
Question Answer | Which form of medical practice ends with the death of the owner? A solo practice | Fee splitting occurs when one physician pays another physician for the referral of patients | Allied health professionals who are certified include all of the following except pharmacists |
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