homework assignment torts

Defenses Against Negligence Claims—Activities 1

Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters

CPCU 530Business Law for Insurance Professionals

Donna M. Kesot, CPCU

13Torts


Assignment 6 – TortsNegligence

Educational Objective (EO)Describe negligence claims in terms of:

The elements of negligence The required proof of negligence

Instructions

Activity 1—Describing Negligence ClaimsGame or Large Group DiscussionThis 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.



Activity 1—Describing Negligence ClaimsThe 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



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



Answers for Activity 1—Describing Negligence ClaimsThe 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



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.



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 ClaimsGame or Large Group DiscussionThis 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.




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



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



Answers for Activity 1—Describing Defenses Against Negligence ClaimsThe 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



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.


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 OccupiersGroup Activity Followed by Large Group DiscussionDivide 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 OccupiersGroup Activity Followed by Large Group DiscussionHave 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

Liability of Landowners or Occupiers of Land—Activities 13

Activity 2—Analyzing a Scenario to Explain Negligence Application to Landowners or OccupiersQuestions 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.


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 TortsGroup Activity Followed by Large Group DiscussionDivide 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.



Activity 1—Describing Intentional TortsIntentional Tort Description Defenses Examples

Battery

Assault

False Imprisonment/Arrest

Intentional infliction of emotional distress



Defamation (libel and slander)

Invasion of the right of privacy



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 TortsGroup Activity Followed by Large Group DiscussionDivide 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 providing one large sheet as a study aid.



Activity 1—Describing More Intentional TortsIntentional Tort Description Defenses Examples

Fraud

Bad faith, or outrage

Interference with relationships between others

Misuse of legal process

Trespass

Nuisance

Conversion


Liability in Extraordinary Circumstances—Activities 19

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 CircumstancesLarge Group DiscussionLead 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


Liability in Extraordinary Circumstances—Activities 20

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.


Products Liability—Activities 21

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 LiabilitySmall Group or Individual Activity Followed by Large Group DiscussionDivide 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.

21 Copyright Donna M. Kesot & American Institute For Chartered Property Casualty Underwriters

Products Liability—Activities 22

Activity 1—Describing Causes of Action and Defenses in Products LiabilityMost 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.


Damages in Tort Suits—Activities 23

Damages In Tort SuitsEducational 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 SuitsGame or Large Group DiscussionThis 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.


Activity 1—Playing Jeopardy to Describe Damages in Tort SuitsThe 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 indemnify a victim for actual harm.



Answers for Activity 1—Playing Jeopardy to Describe Damages in Tort SuitsThe 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



indemnify a victim for actual harm.



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 ClaimsGroup Activity Followed by Large Group DiscussionDivide 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.
