CPCU 530 2

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CPCU 530 2
2009-12-07 18:43:21

CPCU 530 2
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  1. An allegedly negligent act is legall actionable only if what happens?
    • All four elements of negligence are present. They are:
    • BDCD (breached duty casued damages) or
    • 1. a legal duty to use reasonable care
    • 2. breach of that duty - either negligent performance or failure to act
    • 3. a direct chain of causationfrom the breach to the injury or damage
    • 4. monetary damges to the planatiff as a result of is injury or damge to his property
  2. A tort is what?
    A breach of a common law obligation.
  3. What are the six elements of fraud?
    • A plantiff must prove:
    • 1. A reasonable reliance on
    • 2. A false representation of
    • 3. A material fact (an important past or present fact - not a future fact and not an opinion).
    • 4. Knowling made with falsity or in complete disregard of fact.
    • 5. With intent to influence or deceive
    • 6. Resulting in determent - actual damages
  4. What is conversion?
    The intentional, unlawful, control over the tangible, movable personal property of another to the detriment of the person entitled to control it.
  5. What is strict liability and when is it imposed?
    • Strict liability is imposed on inherently dangerous, but socially acceptable activities.
    • It represents the compormise between illegality and moral fault. Under strict liability, the defendents extreme care and complete lack of moral fault are not defenses. If the plantiff can show injury, the defendent is held responsible.
  6. Products users may base legal action of one of four items. What are those items?
    • 1. Misrepresentation - intentional misrepresentation that goes beyond a merely enthusiastic sales pitch.
    • 2. Breach of Warranty - express warranties and the implied warranty of merchantibility.
    • 3. Negligence - failure to safely design, produce or inspect the product or failure to warn of non-obvious dangers.
    • 4. Strict Liability - which is imposed without regard to the sellers' exercise of all possible care, the user's lack of contractual privity, or the manufacturer's compliance with federal safety statutes.
  7. What are the five elements necessary to prove strict liability in a producct liability action?
    • 1. the seller was in the business of selling the product.
    • 2. the product wa defective when it left the seller.
    • 3. the defect made the product unreasonable dangerous.
    • 4. the defective product was the proximate cause of his injury, and
    • 5. the product was expected to and did reach the consumer without substantial change in its condition.
  8. What is the employment at will doctrin?
    It lets an employer terminate any employee at asny time for any reason (as long as it does not violate any contractual limitation on discharge, employment discrimination stature, or collective barganing agreement.
  9. What are the classifications of American Law? Define and explain these?
    • Criminal law which deals with action injuring the state or society.
    • - Felony - a major crime
    • - misdemeanor - a minor crime
    • - summary offense - parking ticket
    • Civil law which deals with actions injuriy a citizen or another member of society (such as a corporation).
  10. Rules of evidence: For evidence to be admissible, it must be what?
    • 1. Relevant to the matter at hand
    • 2. Material - significant to the matter at hand.
    • 3. Competent - of a proper nature.
  11. What is the hearsay rule?
    The hearsay rule exludes hearsay evidence (out of court statements of another peroson offered to prove the truth of the matter asserted).
  12. The statute of frauds requires six types of (executory) contracts to be in writing. What are they?
    • 1. Real Estate contracts
    • 2. bilateral contracts that cannot be completed in a year.
    • 3. promises to guarantee the debt of another
    • 4. marrage contracts
    • 5. promises by an estates administer or exector to pay the estate's debt from his own funds.
    • 6. contracts to sell goods valued over $500, investment securities, or other intangible personal property valued over $5,000.