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Terms in this set (23)
Property losses are limited to the value of the ________ _______ and _________ costs.
property damaged, indirect
_________ losses, in general, and easily settled and indemnification is rapid.
Liability losses are _________, you can lose your assets and income, and incur large legal defense costs.
Some liability awards may be difficult to determine such as...
pain, disfigurement, etc.
a civil wrong other than breach of contract for which the law allows a remedy in money damages.
liability is imposed regardless of negligence or fault.
The failure to exercise the standard of care required by law to protect others from an unreasonable risk of harm.
Four part test used to determine negligence: Part 1?
Is there a duty of care?
Four part test used to determine negligence: Part 2?
Was there a failure to meet the duty of care?
Four part test used to determine negligence: Part 3?
Was there an injury suffered?
Four part test used to determine negligence: Part 4?
there must be an unbroken chain of events between the negligent act and the injury or harm that occurs
awards for losses that can be itemized?
awards for losses that can't be itemized?
general damages (pain and suffering)
awards designed to punish people for egregious acts so that others are deterred from committing the same wrongful act.
If you contributed in any way to your own injury, you cannot collect damages
Damages are reduced by your degree of fault
If you're endangered by your own negligence, you can still recover damages if the defendant has a last clear change to avoid the accident but fails to do so
last clear change rule
A person who understands the danger in a particular activity cannot recover damages
assumption of the risk
"No defense" situation?
Defects in the Tort system?
Some tort liability issues?
Medical sector claims, liability arising from technological and society change
Reforming the tort system:
Capping noneconomic damages, such as pain and suffering
Reinstating the state-of-the-art defense
Restricting punitive damages
Modifying the collateral source rule (allows defendant to "double dip"
Modifying joint and several liability rule
Alternative dispute resolution techniques
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