Chapter 9 Torts

A party filing a claim of negligence must prove hou many elements?

4

Which Nevada Revised Statute refers to trespassing?

NRS 207 200

The primary element with an intentional tort is

Intent

An omission can be a violation of a person's duty.

true

True Or False In negligence, one cannot be held responsible for an injury caused as a result of one's conduct unless the risk of that injury was apparent (foreseeable).

True

According to the traditional rule, a plaintiff cannot recover for injuries in tort resulting from fright, nervous shock, or mental or emotional distress unless they were accompanied by what?

physical injury or physical impact

True Or FalseThe traditional rule in tort law was that a plaintiff could recover for mental or emotional distress without a physical injury.

False

What factors contributed to the development of tort law in the United States in the early 1800s?

The development of tort law in the United States in the early 1800s was influenced by the increase in urban population, the emergence of negligence as a legal concept, and the subsequent refinement of related bases for liability, leading to an increase in tort claims and the adoption of laws to restrict certain types of claims.

What factors do courts consider in determining negligence?

The underlying reason for the defendant's conduct, the surrounding physical environment, any activities that were taking place, and the types of people in the area.

How would you define a tort?

A tort is generally defined as an injury to an individual or property, not related to a breach of contract.

Where did tort law originate and what were some of the initial forms of action?

Tort law originated in England and some of the initial forms of action were trespass and trespass on the case.

What is one example of a change in the law of torts?

The law of torts has changed over time, including the rule that a plaintiff cannot recover for mental or emotional distress without physical injury.

What is the but-for test used to determine in the context of proximate cause?

Whether the plaintiff's injuries would still have occurred without the defendant's actions

True or False Product liability actions are not derived from basic tort law.

False

True Or false Assault always involves physical contact.

False

True Or false The but-for test is the most commonly used test for determining proximate cause.

False

does the substantial factor analysis test examine in determining proximate cause?

It examines whether the defendant's conduct was a substantial factor in producing the plaintiff's injury.

What is the common denominator in a product liability tort action?

The action involves a product that has been placed in commerce.

If a manufacturer produces a product that causes harm, which legal standard would likely be applied?

Strict Liability

warning, under which category of torts can they be held liable?

If a manufacturer knowingly places a defective product in the market without correcting the defect or providing a proper

Strict Liability

What is the substantial factor analysis and why is it considered fairer than tho but for test?

The substantial factor analysis examines whether the defendant's conduct was a substantial factor in producing the plaintiff's injury. It is considered fairer because it takes into account other factors that may have contributed to the injury.

How would you apply the workers' compensation system in a scenario where an employee gets injured due to a faulty machine at the workplace?

The employee would be compensated regardless of who was at fault for the injury. The compensation would be determined by a formula that takes into account the severity of the injury and the employee's wage at the time of the injury. The compensation would be provided quickly and without the need for a lengthy and costly legal process.

Assault

is an intentional tort that involves the threat of immediate and harmful contact.

Battery

is an intentional tort that involves unpermitted physical contact that results in harm.

The But-for test

is a test used to determine proximate cause in legal cases.

Damage

refers to the harm or injury suffered by the plaintiff in a negligence action.

Defamation

is an intentional tort that encompasses both libel (written communication) and slander (oral communication).

What is the assumption of risk defense?

The assumption of risk defense is when a plaintiff is aware of a potential danger and voluntarily proceeds with the activity, thus relieving the defendant of liability.