1) The document discusses negligence claims and defenses against negligence claims. It provides activities to help describe elements of negligence, defenses to negligence, and how negligence applies to landowners.
2) The activities are designed as games or group discussions and include questions about different negligence concepts like duty of care, proximate cause, defenses like contributory negligence, and scenarios analyzing negligence of landowners.
3) The document also covers intentional torts, providing an activity where groups research and present on specific intentional torts like battery, assault, and defamation. The activity addresses elements, defenses, and examples for different intentional torts.
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Chapter 7 – Negligence and Strict LiabilityUAF_BA330
Powerpoint from textbook Business Law - the ethical, global, and e-commerce environment to accompany BA 330 course at the University of Alaska Fairbanks.
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
What Can You Claim for Breach of A Construction Contract?Sarah Fox
A summary of the law setting out the damages you can claim in the event that someone breaches their contract with you.
The note was developed by Sarah Fox, author of the 500-Word Contract. The tips and techniques from her 500-Word series of talks, workshops and contract coaching will help you create simple, ethical contracts you can read, use and understand.
Contact her by email sarah@500words.co.uk or for more information, visit her website www.500words.co.uk
LIABILITY INSURANCE: WHAT YOU MUST KNOW!Newton Bezeng
The law obligates us to exercise a duty of care to our neighbor while carrying out our personal or business activities in the course of our life. A breach of our duties will be considered tortious and will be held liable. This articles is examine using the various questions and headings:
What is Liability Insurance?
An Overview
What are the Sources of Liability Insurance?
What are the different types of liability insurance?
How can Liability Insurance Arise?
The Importance of Liability Insurance
Conclusion
Debra Grimaila | Identification of common torts (intentional and unintentional). An Introduction to the Legal Aspects of Investing and Establishing a Business in Canada.
An overview of the role of tort on construction projects - claims which can be brought in the civil courts against a member of the project team, and outside the provisions of a contract.
The note was developed by Sarah Fox, who helps construction specialists understand their contracts - and how they are supplemented by implied terms and tortious duties.
www.500words.co.uk
When an automobile is damaged in an accident and then repaired, the resale value may be less than a comparable automobile that has not been damaged. In other words, the damage results in a reduction or “diminution" in the resale value of the automobile. An insured's claim for this reduction in value may be made against a third party that negligently caused the damage to the insured's automobile, or it may arise from a first-party claim against the insured's own physical damage coverage. This Document provides First and Third Party Claims description in all 50 States.
Making Sense of California's "Accident" Requirement in Liability Insurance Po...NationalUnderwriter
Making Sense of California's "Accident" Requirement in Liability Insurance Policies, Part 1 by David B.Ezra (from FC&S Legal: The Insurance Coverage Law Information Center)
Law of negligence is one of the most important branch of tort law, deals with the various aspects of negligence between the professional's and the layman.
What Can You Claim for Breach of A Construction Contract?Sarah Fox
A summary of the law setting out the damages you can claim in the event that someone breaches their contract with you.
The note was developed by Sarah Fox, author of the 500-Word Contract. The tips and techniques from her 500-Word series of talks, workshops and contract coaching will help you create simple, ethical contracts you can read, use and understand.
Contact her by email sarah@500words.co.uk or for more information, visit her website www.500words.co.uk
LIABILITY INSURANCE: WHAT YOU MUST KNOW!Newton Bezeng
The law obligates us to exercise a duty of care to our neighbor while carrying out our personal or business activities in the course of our life. A breach of our duties will be considered tortious and will be held liable. This articles is examine using the various questions and headings:
What is Liability Insurance?
An Overview
What are the Sources of Liability Insurance?
What are the different types of liability insurance?
How can Liability Insurance Arise?
The Importance of Liability Insurance
Conclusion
Debra Grimaila | Identification of common torts (intentional and unintentional). An Introduction to the Legal Aspects of Investing and Establishing a Business in Canada.
An overview of the role of tort on construction projects - claims which can be brought in the civil courts against a member of the project team, and outside the provisions of a contract.
The note was developed by Sarah Fox, who helps construction specialists understand their contracts - and how they are supplemented by implied terms and tortious duties.
www.500words.co.uk
When an automobile is damaged in an accident and then repaired, the resale value may be less than a comparable automobile that has not been damaged. In other words, the damage results in a reduction or “diminution" in the resale value of the automobile. An insured's claim for this reduction in value may be made against a third party that negligently caused the damage to the insured's automobile, or it may arise from a first-party claim against the insured's own physical damage coverage. This Document provides First and Third Party Claims description in all 50 States.
Making Sense of California's "Accident" Requirement in Liability Insurance Po...NationalUnderwriter
Making Sense of California's "Accident" Requirement in Liability Insurance Policies, Part 1 by David B.Ezra (from FC&S Legal: The Insurance Coverage Law Information Center)
Contract Law Drafting ExerciseJuliana Williams, .docxdonnajames55
Contract Law Drafting Exercise
Juliana Williams, Judith Hobbs, Shawn Wilson, Jessica Denton, and Christopher Gilbert
LAW/421
May 9, 2016
CONTRACT LAW DRAFTING EXERCISE
CONTRACT LAW DRAFTING EXERCISE
Professor Alan Williams
1
Contract Law Drafting Exercise
In week 3, Team B decided to examine Intellectual Property contract clauses. Our team is writing about the necessary elements to form a valid contract as well as how to apply a contract clause within a business setting. We will also be summarizing the potential legal defenses available and potential remedies for a breach contract. The clause that we have drafted that could be pertinent to an Intellectual Property contract is as follows:
Contractor shall not use data collected by any means from Owner for any purpose other than that which is expressly outlined in the contract documents herein, for the lifetime of this contract, and any time thereafter, unless written consent has been received by the Owner or his designee. Any changes to leadership, ownership, or principals, must be reported to Owner immediately, as all responsibilities of this contract will be assigned to the new Contract holder, and all responsibilities herein, shall be adhered to as outlined in the original contract documents.
Elements Necessary to Form a Valid Contract
Contract Clause found in Article 1 of the United States Constitution was created to avoid states from interfering with private contracts. With this clause no state should pass any law impairing the obligation of contracts. The clause was made to protect contractors from creditors and debtors. Now the contract clause is there to protect individuals from the intrusion of state government. The contract clause is also a contract made by partnerships and corporations which will include as well vendor contracts and lease contracts.
The foundation of binding agreements that can be forced by the court will require some exigency to be processed. The number of requirements may not be numerous yet they must be met before the rights and duties of the contract can be enforceable by the law. Some of the requirements that can be considered a valid contract would be;
· Creating a legal relationship
· If an offer is being made
· If an individual is accepting or considering the contract
· If an individual has the capacity to a contract
· If an individual is in a state of being in accordance with the law.
Besides these requirements, some contracts must be in writing. It is preferable that a contract should be formatted in an electronic print to be enforceable. If a contract has all of these elements, then it can be enforced by the court.
Legal Issues and How the Contract is Applied to Business Managerial Settings
Rights to intellectual property can be incredibly lucrative, making huge sums of money. Infringement claims have also bankrupted large profitable companies without warning. With so much at stake, anyone dealing with issues in this area of law should seek ad.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
Know more: https://www.synapseindia.com/technology/mean-stack-development-company.html
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
Explore our most comprehensive guide on lookback analysis at SafePaaS, covering access governance and how it can transform modern ERP audits. Browse now!
1. Defenses Against Negligence Claims—Activities 1
Torts
CPCU 530
Business Law for Insurance
Professionals
Donna M. Kesot, CPCU
13
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters
2. Defenses Against Negligence Claims—Activities 2
Assignment 6– Torts
Negligence
Educational Objective (EO)
Describe negligence claims in terms of:
The elements of negligence
The required proof of negligence
Instructions
Activity 1—Describing Negligence Claims
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—Describing Negligence Claims.
Debrief:
Review the answers with the group.
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters
3. Defenses Against Negligence Claims—Activities 3
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
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. Bailee
18. 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 se
21. Res ipsa loquitur
22. Exclusive control
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters
5. Defenses Against Negligence Claims—Activities 5
Answers 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. 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. Bailee
18. 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 se
21. Res ipsa loquitur
22. Exclusive control
Defenses Against Negligence Claims
Educational Objective (EO)
Describe these defenses against negligence claims: Comparative negligence, releases and
exculpatory clauses, immunity, statutes of limitations and repose, and tortfeasor's
capacity.
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters
7. Defenses Against Negligence Claims—Activities 7
Instructions
Note: This activity could be combined with the Describing Negligence Claims
activity, as two rounds in the same Jeopardy game.
Activity 1—Describing Defenses Against Negligence
Claims
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—Describing Defenses Against Negligence
Claims.
Debrief:
Review the answers with the group.
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters
8. Defenses Against Negligence Claims—Activities 8
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
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. Defenses Against Negligence Claims—Activities 9
13. 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 rule
16. Statute of limitations
17. 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
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters
10. Defenses Against Negligence Claims—Activities 10
Answers 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. Defenses Against Negligence Claims—Activities 11
12. Release
13. 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 rule
16. Statute of limitations
17. 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 Casualty
Underwriters
12. Liability of Landowners or Occupiers of Land—Activities 12
Liability of Landowners or Occupiers of Land
Educational Objective (EO)
Explain how negligence applies to landowners or occupiers of land.
Instructions
Activity 1—Creating a Scenario to Explain How
Negligence Applies to Landowners or Occupiers
Group Activity Followed by Large Group Discussion
Divide participants into small groups and provide each group with a flipchart, if
possible. Ask the participants to develop a brief problem that causes a
landowner or a tenant to be sued.
In the scenario, have groups include sufficient information about the nature of
the 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 the
problem the group has created.
Debrief:
After each group presents its scenarios, ask questions for clarification if needed.
Activity 2—Analyzing a Scenario to Explain How
Negligence Applies Landowners or Occupiers
Group Activity Followed by Large Group Discussion
Have participants return to their small groups and „trade‟ problems, so that
group 1 would solve group 2‟s problem, and so on. Ask the small groups to use
the questions in Activity 2—Analyzing a Scenario to Explain Negligence
Application 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 as
appropriate.
Copyright American Institute For Chartered Property Casualty Underwriters
13. Liability of Landowners or Occupiers of Land—Activities 13
Activity 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. Intentional Torts: Part 1 of 2—Activities 14
Intentional Torts: Part 1 of 2
Educational Objective (EO)
Describe these intentional torts, the circumstances under which they can occur, and
common defenses to them:
Battery
Assault
False imprisonment and false arrest
Intentional infliction of emotional distress
Defamation (libel and slander)
Invasion of the right of privacy
Instructions
Activity 1—Describing Intentional Torts
Group Activity Followed by Large Group Discussion
Divide participants into small groups and provide each group with the Activity
1—Describing Intentional Torts worksheet. Assign the groups one or more of
the 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 privacy
Ask participants to describe the key elements of their assigned tort(s), including
circumstances under which occurs, common defenses to it, and one or two
practical examples to illustrate them.
Debrief:
When the groups are finished, call on each one to present their findings for the torts assigned to
them. Once all ideas are presented, you may want to compile the answers and follow up by
providing one large sheet as a study aid.
Copyright American Institute For Chartered Property Casualty Underwriters
15. Intentional Torts: Part 1 of 2—Activities 15
Activity 1—Describing Intentional Torts
Intentional Tort Description Defenses Examples
Battery
Assault
False
Imprisonment/Arrest
Intentional infliction of
emotional distress
Copyright American Institute For Chartered Property Casualty Underwriters
16. Intentional Torts: Part 1 of 2—Activities 16
Defamation (libel and
slander)
Invasion of the right of
privacy
Copyright American Institute For Chartered Property Casualty Underwriters
17. Intentional Torts: Part 2 of 2—Activities 17
Intentional Torts: Part 2 of 2
Educational Objective (EO)
Describe these intentional torts, the circumstances under which they can occur, and
common defenses to them:
Fraud
Bad faith, or outrage
Interference with relationships between others
Misuse of legal process
Trespass
Nuisance
Conversion
Instructions
Note: This activity could be combined with Intentional Torts: Part 1
Activity 1—Describing More Intentional Torts
Group Activity Followed by Large Group Discussion
Divide participants into small groups and provide each group with the Activity
1—Describing More Intentional Torts worksheet. Assign the groups one or
more 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
Conversion
Ask participants to describe the key elements of their assigned tort(s), including
circumstances under which occurs, common defenses to it, and one or two
practical examples to illustrate them.
Debrief:
When the groups are finished, call on each one to present their findings for the torts assigned to
them. 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. Intentional Torts: Part 2 of 2—Activities 18
providing one large sheet as a study aid.
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters
19. Intentional Torts: Part 2 of 2—Activities 19
Activity 1—Describing More Intentional Torts
Intentional Tort Description Defenses Examples
Fraud
Bad faith, or outrage
Interference with
relationships between
others
Misuse of legal
process
Trespass
Nuisance
Conversion
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters
20. Liability in Extraordinary Circumstances—Activities 20
Liability in Extraordinary Circumstances
Educational Objective (EO)
Explain how liability attaches as a result of the unique circumstances presented by the
following:
Ultrahazardous activities
Ownership and/or possession of animals
Escape of toxic substances
Instructions
Activity 1—Developing a Scenario to Explain Liability
Under Unique Circumstances
Large Group Discussion
Lead a class discussion about the different circumstances under which a
defendant can be liable for someone‟s injury, even though he or she was not
negligent.
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 under
each 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. Liability in Extraordinary Circumstances—Activities 21
Domestic animals known to be vicious
Several types of tort suits arising from use of toxic substances; liability established by
statute.
Examples if environmental lawsuits: Suit to clean up a waste site, plaintiff sues for
injuries from toxic chemicals.
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters
22. Products Liability—Activities 22
Products Liability
Educational Objective (EO)
Describe these causes of action for products liability and the possible defenses to them:
Misrepresentation
Breach of warranty
Strict liability and negligence
Instructions
Activity 1—Describing Causes of Action and Defenses in
Products Liability
Small Group or Individual Activity Followed by Large
Group Discussion
Divide participants into small groups. Ask participants to complete Activity
1—Describing Causes of Action and Defenses in Products Liability.
Reconvene as a large group and ask for volunteers to share their memos with
the group.
Alternative: this activity can be assigned as individual pre-work. If used as an
assignment, 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. Products Liability—Activities 23
Activity 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. 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 person's loss, such as
medical expenses or lost wages.
3. Exemplary damages
24 Copyright Donna M. Kesot & American Institute For Chartered Property
Casualty Underwriters
25. Damages in Tort Suits—Activities 25
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 party's 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
indemnify a victim for actual harm.
25 Copyright Donna M. Kesot & American Institute For Chartered Property
Casualty Underwriters
26. Damages in Tort Suits—Activities 26
Answers 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 person's 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 party's 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. Damages in Tort Suits—Activities 27
indemnify a victim for actual harm.
27 Copyright Donna M. Kesot & American Institute For Chartered Property
Casualty Underwriters
28. Damages in Tort Suits—Activities 28
Liability Concepts Affecting Tort Claims
Educational Objective (EO)
Explain how any of these concepts can affect a tort claim:
Joint tortfeasor's liability
Expanded liability concepts
Vicarious liability
Good Samaritan issues
Class actions and mass tort litigation
Instructions
Activity 1—Explaining Liability Concepts Affecting Tort
Claims
Group Activity Followed by Large Group Discussion
Divide participants into small groups and provide each group with a flipchart, if
possible. Assign the groups one or two of the following concepts:
Joint tortfeasor's liability
Expanded liability concepts
Vicarious liability
Good Samaritan issues
Class actions and mass tort litigation
Ask each group to discuss and compile a brief description of the liability
concept(s) assigned to them, including any key terms. In their summary, they
need 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 their
assigned topics.
28 Copyright Donna M. Kesot & American Institute For Chartered Property
Casualty Underwriters