Homework assignment torts

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Homework assignment torts

  1. 1. Defenses Against Negligence Claims—Activities 1 Torts CPCU 530 Business Law for Insurance Professionals Donna M. Kesot, CPCU 13Copyright Donna M. Kesot & American Institute For Chartered Property CasualtyUnderwriters
  2. 2. Defenses Against Negligence Claims—Activities 2 Assignment 6– TortsNegligenceEducational Objective (EO)Describe negligence claims in terms of: The elements of negligence The required proof of negligenceInstructionsActivity 1—Describing Negligence ClaimsGame or Large Group DiscussionThis activity is written so that you can present it as a “Jeopardy-style” quizgame or as a group discussion activity. To present this activity as a game,divide the participants into small groups to form teams. Read the questionsaloud and then wait for a group leader to provide the correct answer. Assignone point to teams for correct answers. At the end of the questions, the teamwith the most points wins. Note: The answers to the activity are in the form of aquestion as required by the Jeopardy quiz show.Alternatively, divide the participants into small groups. Have the participantsanswer the questions in Activity 1—Describing Negligence Claims.Debrief:Review the answers with the group.Copyright Donna M. Kesot & American Institute For Chartered Property CasualtyUnderwriters
  3. 3. Defenses Against Negligence Claims—Activities 3Activity 1—Describing Negligence Claims The answer is… What is… 1. Tort 2. An obligation imposed by law for the preservation of the legally protected rights of others. 3. The person or entity who files a lawsuit and is named as a party. 4. The party in a lawsuit against whom a complaint is filed. 5. Tortfeasor 6. Laws that develop out of court decisions in particular cases and establish precedents for future cases. 7. The failure to exercise the degree of care that a reasonable person in a similar situation would exercise to avoid harming others. 8. Contract 9. Statute 10. Reasonable person test 11. Airlines, railroads, or trucking companies that furnish transportation to any member of the public seeking their offered services. 12. The failure to conform to the standard of care required in the situation. 13. Proximate cause 14. Intervening act 15. A rule used to determine proximate cause when two parties‟ acts coincide to cause a loss by determining which Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  4. 4. Defenses Against Negligence Claims—Activities 4 act is the substantial factor in causing the harm.16. A rule used to determine if a defendant‟s act was the proximate cause of a plaintiff‟s harm based on the determination that the plaintiff‟s harm could not have occurred but for the defendant‟s act.17. Bailee18. Concurrent causation (concurrent causation doctrine)19. A rule used to determine proximate cause when a plaintiff‟s harm is the natural and probable consequence of the defendant‟s wrongful act and when an ordinarily reasonable person would have foreseen the harm.20. Negligence per se21. Res ipsa loquitur22. Exclusive controlCopyright Donna M. Kesot & American Institute For Chartered Property CasualtyUnderwriters
  5. 5. Defenses Against Negligence Claims—Activities 5Answers for Activity 1—Describing Negligence Claims The answer is… What is… 1. Tort 2. An obligation imposed by law for the preservation of the legally protected rights of others. 3. The person or entity who files a lawsuit and is named as a party. 4. The party in a lawsuit against whom a complaint is filed. 5. Tortfeasor 6. Laws that develop out of court decisions in particular cases and establish precedents for future cases. 7. The failure to exercise the degree of care that a reasonable person in a similar situation would exercise to avoid harming others. 8. Contract 9. Statute 10. Reasonable person test 11. Airlines, railroads, or trucking companies that furnish transportation to any member of the public seeking their offered services. 12. The failure to conform to the standard of care required in the situation. 13. Proximate cause 14. Intervening act 15. A rule used to determine proximate cause when two parties‟ acts coincide to cause a loss by determining which Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  6. 6. Defenses Against Negligence Claims—Activities 6 act is the substantial factor in causing the harm.16. A rule used to determine if a defendant‟s act was the proximate cause of a plaintiff‟s harm based on the determination that the plaintiff‟s harm could not have occurred but for the defendant‟s act.17. Bailee18. Concurrent causation (concurrent causation doctrine)19. A rule used to determine proximate cause when a plaintiff‟s harm is the natural and probable consequence of the defendant‟s wrongful act and when an ordinarily reasonable person would have foreseen the harm.20. Negligence per se21. Res ipsa loquitur22. Exclusive controlDefenses Against Negligence ClaimsEducational Objective (EO)Describe these defenses against negligence claims: Comparative negligence, releases andexculpatory clauses, immunity, statutes of limitations and repose, and tortfeasorscapacity.Copyright Donna M. Kesot & American Institute For Chartered Property CasualtyUnderwriters
  7. 7. Defenses Against Negligence Claims—Activities 7InstructionsNote: This activity could be combined with the Describing Negligence Claimsactivity, as two rounds in the same Jeopardy game.Activity 1—Describing Defenses Against NegligenceClaimsGame or Large Group DiscussionThis activity is written so that you can present it as a “Jeopardy-style” quizgame or as a group discussion activity. To present this activity as a game,divide the participants into small groups to form teams. Read the questionsaloud and then wait for a group leader to provide the correct answer. Assignone point to teams for correct answers. At the end of the questions, the teamwith the most points wins. Note: The answers to the activity are in the form of aquestion as required by the Jeopardy quiz show.Alternatively, divide the participants into small groups. Have the participantsanswer the questions in Activity 1—Describing Defenses Against NegligenceClaims.Debrief:Review the answers with the group.Copyright Donna M. Kesot & American Institute For Chartered Property CasualtyUnderwriters
  8. 8. Defenses Against Negligence Claims—Activities 8Activity 1—Describing Defenses Against Negligence Claims The answer is… What is/are…. 1. Pure comparative negligence rule 2. A common-law principle that requires both parties to a loss to share the financial burden of the bodily injury or property damage according to their respective degrees of fault. 3. A local government‟s act that is not considered part of the business of government and that could be performed by a private enterprise. 4. A defense to negligence that grants immunity to one spouse from the other spouse‟s lawsuit for torts committed before, during, and after the marriage. 5. Slight versus gross rule 6. An act or omission that completely disregards the safety or rights of others and is exaggerated or aggravated in nature. 7. Sovereign immunity (governmental immunity) 8. A reasonable estimation of actual damages, agreed to by contracting parties and included in the contract, to be paid in the event of a breach or for negligence. 9. Assumption-of-risk defense 10. Contributory negligence 11. Parent-child immunity 12. Release Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  9. 9. Defenses Against Negligence Claims—Activities 913. A defense that, in certain instances, shields organizations or persons from liability.14. An act, a decision, a recommendation, or an omission made by a government official or agency within the authority of that office or agency.15. 50 percent comparative negligence rule16. Statute of limitations17. A defense to negligence that holds the party who has the last clear chance to avoid harm and fails to do so solely responsible for the harm.18. A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the plaintiff‟s negligence is less than the other party‟s negligence.19. A contractual provision purporting to excuse a party from liability resulting from negligent or an otherwise wrongful act.20. An act that is directed by law or other authority and that requires no individual judgment or discretion about whether or how to perform it.21. A statute that requires a plaintiff to file a lawsuit within a specific time after a specific event.22. Governmental functionCopyright Donna M. Kesot & American Institute For Chartered Property CasualtyUnderwriters
  10. 10. Defenses Against Negligence Claims—Activities 10Answers for Activity 1—Describing Defenses Against Negligence Claims The answer is… What is/are…. 1. Pure comparative negligence rule 2. A common-law principle that requires both parties to a loss to share the financial burden of the bodily injury or property damage according to their respective degrees of fault. 3. A local government‟s act that is not considered part of the business of government and that could be performed by a private enterprise. 4. A defense to negligence that grants immunity to one spouse from the other spouse‟s lawsuit for torts committed before, during, and after the marriage. 5. Slight versus gross rule 1. 6. An act or omission that completely disregards the safety or rights of others and is exaggerated or aggravated in nature. 7. Sovereign immunity (governmental immunity) 8. A reasonable estimation of actual damages, agreed to by contracting parties and included in the contract, to be paid in the event of a breach or for negligence. 9. Assumption-of-risk defense 10. Contributory negligence 11. Parent-child immunity Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  11. 11. Defenses Against Negligence Claims—Activities 1112. Release13. A defense that, in certain instances, shields organizations or persons from liability.14. An act, a decision, a recommendation, or an omission made by a government official or agency within the authority of that office or agency.15. 50 percent comparative negligence rule16. Statute of limitations17. A defense to negligence that holds the party who has the last clear chance to avoid harm and fails to do so solely responsible for the harm.18. A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the plaintiff‟s negligence is less than the other party‟s negligence.19. A contractual provision purporting to excuse a party from liability resulting from negligent or an otherwise wrongful act.20. An act that is directed by law or other authority and that requires no individual judgment or discretion about whether or how to perform it.21. A statute that requires a plaintiff to file a lawsuit within a specific time after a specific event.22. Governmental function 2.Copyright Donna M. Kesot & American Institute For Chartered Property CasualtyUnderwriters
  12. 12. Liability of Landowners or Occupiers of Land—Activities 12Liability of Landowners or Occupiers of LandEducational Objective (EO)Explain how negligence applies to landowners or occupiers of land.InstructionsActivity 1—Creating a Scenario to Explain HowNegligence Applies to Landowners or OccupiersGroup Activity Followed by Large Group DiscussionDivide participants into small groups and provide each group with a flipchart, ifpossible. Ask the participants to develop a brief problem that causes alandowner or a tenant to be sued.In the scenario, have groups include sufficient information about the nature ofthe injury or damage, what could have caused it, and who the plaintiff is.Reconvene the large group and have a spokesperson for each group present theproblem the group has created.Debrief:After each group presents its scenarios, ask questions for clarification if needed.Activity 2—Analyzing a Scenario to Explain HowNegligence Applies Landowners or OccupiersGroup Activity Followed by Large Group DiscussionHave participants return to their small groups and „trade‟ problems, so thatgroup 1 would solve group 2‟s problem, and so on. Ask the small groups to usethe questions in Activity 2—Analyzing a Scenario to Explain NegligenceApplication to Landowners or Occupiers to solve the new problem.Debrief:Ask each group to present their solutions to the class. Open any resolution up for discussion asappropriate. Copyright American Institute For Chartered Property Casualty Underwriters
  13. 13. Liability of Landowners or Occupiers of Land—Activities 13Activity 2—Analyzing a Scenario to Explain Negligence Application to Landowners or Occupiers Questions Answers 1. Describe what natural and/or artificial conditions come in to play that may affect this claim. 2. Describe the plaintiff‟s role in entering the property. Were they considered a licensee, invited guest or trespasser, and why? 3. What is the degree of duty the defendant owes to this person, and why? 4. Describe the circumstances (if any), under which a hotel operator or landlord might have a duty to protect their tenants. Copyright American Institute For Chartered Property Casualty Underwriters
  14. 14. Intentional Torts: Part 1 of 2—Activities 14Intentional Torts: Part 1 of 2Educational Objective (EO)Describe these intentional torts, the circumstances under which they can occur, andcommon defenses to them: Battery Assault False imprisonment and false arrest Intentional infliction of emotional distress Defamation (libel and slander) Invasion of the right of privacyInstructionsActivity 1—Describing Intentional TortsGroup Activity Followed by Large Group DiscussionDivide participants into small groups and provide each group with the Activity1—Describing Intentional Torts worksheet. Assign the groups one or more ofthe intentional torts described in the course materials: Battery Assault False imprisonment and false arrest Intentional infliction of emotional distress Defamation (libel and slander) Invasion of the right of privacyAsk participants to describe the key elements of their assigned tort(s), includingcircumstances under which occurs, common defenses to it, and one or twopractical examples to illustrate them.Debrief:When the groups are finished, call on each one to present their findings for the torts assigned tothem. Once all ideas are presented, you may want to compile the answers and follow up byproviding one large sheet as a study aid. Copyright American Institute For Chartered Property Casualty Underwriters
  15. 15. Intentional Torts: Part 1 of 2—Activities 15Activity 1—Describing Intentional TortsIntentional Tort Description Defenses ExamplesBatteryAssaultFalseImprisonment/ArrestIntentional infliction ofemotional distress Copyright American Institute For Chartered Property Casualty Underwriters
  16. 16. Intentional Torts: Part 1 of 2—Activities 16Defamation (libel andslander)Invasion of the right ofprivacy Copyright American Institute For Chartered Property Casualty Underwriters
  17. 17. Intentional Torts: Part 2 of 2—Activities 17Intentional Torts: Part 2 of 2Educational Objective (EO)Describe these intentional torts, the circumstances under which they can occur, andcommon defenses to them: Fraud Bad faith, or outrage Interference with relationships between others Misuse of legal process Trespass Nuisance ConversionInstructionsNote: This activity could be combined with Intentional Torts: Part 1Activity 1—Describing More Intentional TortsGroup Activity Followed by Large Group DiscussionDivide participants into small groups and provide each group with the Activity1—Describing More Intentional Torts worksheet. Assign the groups one ormore of the intentional torts described in the course materials: Fraud Bad faith, or outrage Interference with relationships between others Misuse of legal process Trespass Nuisance ConversionAsk participants to describe the key elements of their assigned tort(s), includingcircumstances under which occurs, common defenses to it, and one or twopractical examples to illustrate them.Debrief:When the groups are finished, call on each one to present their findings for the torts assigned tothem. Once all ideas are presented, you may want to compile the answers and follow up by Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  18. 18. Intentional Torts: Part 2 of 2—Activities 18providing one large sheet as a study aid. Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  19. 19. Intentional Torts: Part 2 of 2—Activities 19Activity 1—Describing More Intentional TortsIntentional Tort Description Defenses ExamplesFraudBad faith, or outrageInterference withrelationships betweenothersMisuse of legalprocessTrespassNuisanceConversion Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  20. 20. Liability in Extraordinary Circumstances—Activities 20Liability in Extraordinary CircumstancesEducational Objective (EO)Explain how liability attaches as a result of the unique circumstances presented by thefollowing: Ultrahazardous activities Ownership and/or possession of animals Escape of toxic substancesInstructionsActivity 1—Developing a Scenario to Explain LiabilityUnder Unique CircumstancesLarge Group DiscussionLead a class discussion about the different circumstances under which adefendant can be liable for someone‟s injury, even though he or she was notnegligent.You may want to begin by asking participants the following questions: When are activities considered ultrahazardous or abnormally dangerous, and why? What are some examples of ultrahazardous activities? What types of animals cause owners to be absolutely liable for damages? Are there any exceptions? What is toxic tort? What are some examples of environmental lawsuits?Debrief:As each answer is given, write them on a flipchart or board. Review all the examples undereach category with the entire group.Answers may vary, but could include: High degree of risk of serious harm; defendant creates an unusual risk in the community. Storage and transportation of explosives, blasting, aviation. Wild animals Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  21. 21. Liability in Extraordinary Circumstances—Activities 21Domestic animals known to be viciousSeveral types of tort suits arising from use of toxic substances; liability established bystatute.Examples if environmental lawsuits: Suit to clean up a waste site, plaintiff sues forinjuries from toxic chemicals. Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  22. 22. Products Liability—Activities 22Products LiabilityEducational Objective (EO)Describe these causes of action for products liability and the possible defenses to them: Misrepresentation Breach of warranty Strict liability and negligenceInstructionsActivity 1—Describing Causes of Action and Defenses inProducts LiabilitySmall Group or Individual Activity Followed by LargeGroup DiscussionDivide participants into small groups. Ask participants to complete Activity1—Describing Causes of Action and Defenses in Products Liability.Reconvene as a large group and ask for volunteers to share their memos withthe group.Alternative: this activity can be assigned as individual pre-work. If used as anassignment, participants should come prepared to discuss their answers.Debrief:Review the answers with the group until all the content has been covered. Copyright Donna M. Kesot & American Institute For Chartered Property Casualty 22 Underwriters
  23. 23. Products Liability—Activities 23Activity 1—Describing Causes of Action and Defenses in Products Liability Most products liability suits are based on one or more of these legal principles: Misrepresentation Breach of warranty Strict liability and negligence Describe each of these legal principles and include definitions of key terms where applicable. Describe the types of product defects typically cited in product liability causes of actions, which parties may be liable, and which parties may be protected. Finally, discuss the types of defenses that may be used in product liability. Include definitions of key terms, where applicable. Copyright Donna M. Kesot & American Institute For Chartered Property Casualty 23 Underwriters
  24. 24. Damages in Tort Suits—Activities 24 Damages In Tort Suits Educational Objective (EO) Describe the types of damages a court can award a plaintiff for a tort claim. Instructions Activity 1—Playing Jeopardy to Describe Damages in Tort Suits Game or Large Group Discussion This activity is written so that you can present it as a “Jeopardy-style” quiz game or as a group discussion activity. To present this activity as a game, divide the participants into small groups to form teams. Read the questions aloud and then wait for a group leader to provide the correct answer. Assign one point to teams for correct answers. At the end of the questions, the team with the most points wins. Note: The answers to the activity are in the form of a question as required by the Jeopardy quiz show. Alternatively, divide the participants into small groups. Have the participants answer the questions in Activity 1—Playing Jeopardy to Describe Damages in Tort Suits. Debrief: Review the answers with the group.Activity 1—Playing Jeopardy to Describe Damages in Tort Suits The answer is… What is/are…? 1. Emotional distress 2. A form of compensatory damages that awards a sum of money for specific, identifiable expenses associated with the injured persons loss, such as medical expenses or lost wages. 3. Exemplary damages 24 Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  25. 25. Damages in Tort Suits—Activities 254. A payment awarded by a court to punish a defendant for a reckless, malicious, or deceitful act or to deter similar conduct; need not bear any relationship to a partys actual damages.5. Pain and suffering6. The circumstances under which a court can award punitive damages.7. A monetary award to compensate a victim for losses, such as pain and suffering, that do not involve specific measurable expenses.8. Wrongful death action9. The compensatory damages to compensate a plaintiff for any loss of income directly related to a tort.10. A statute that preserves the right of a person‟s estate to recover damages that person sustained between the time of injury and death.11. Three factors considered in assessing punitive damages.12. A payment awarded by a court to indemnify a victim for actual harm. 25 Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  26. 26. Damages in Tort Suits—Activities 26Answers for Activity 1—Playing Jeopardy to Describe Damages in Tort Suits The answer is… What is/are…? 1. Emotional distress 2. A form of compensatory damages that awards a sum of money for specific, identifiable expenses associated with the injured persons loss, such as medical expenses or lost wages. 3. Exemplary damages 4. A payment awarded by a court to punish a defendant for a reckless, malicious, or deceitful act or to deter similar conduct; need not bear any relationship to a partys actual damages. 5. Pain and suffering 6. The circumstances under which a court can award punitive damages. 7. A monetary award to compensate a victim for losses, such as pain and suffering, that do not involve specific measurable expenses. 8. Wrongful death action 9. The compensatory damages to compensate a plaintiff for any loss of income directly related to a tort. 10. A statute that preserves the right of a person‟s estate to recover damages that person sustained between the time of injury and death. 11. Three factors considered in assessing punitive damages. 12. A payment awarded by a court to 26 Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  27. 27. Damages in Tort Suits—Activities 27indemnify a victim for actual harm.27 Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters
  28. 28. Damages in Tort Suits—Activities 28Liability Concepts Affecting Tort ClaimsEducational Objective (EO)Explain how any of these concepts can affect a tort claim: Joint tortfeasors liability Expanded liability concepts Vicarious liability Good Samaritan issues Class actions and mass tort litigationInstructionsActivity 1—Explaining Liability Concepts Affecting TortClaimsGroup Activity Followed by Large Group DiscussionDivide participants into small groups and provide each group with a flipchart, ifpossible. Assign the groups one or two of the following concepts: Joint tortfeasors liability Expanded liability concepts Vicarious liability Good Samaritan issues Class actions and mass tort litigationAsk each group to discuss and compile a brief description of the liabilityconcept(s) assigned to them, including any key terms. In their summary, theyneed to explain how their concepts can impact a tort claim.Debrief:When the groups are finished, call on each group in order to present their findings for theirassigned topics. 28 Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters

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