Review Questions

Chapter 11: Torts

  1. How are duties created in tort, as opposed to contract
  2. Why is it not practical to catalog the causes of action in tort?
  3. When a person is injured by the negligence of an employee, it is sometimes possible to sue the employer under what principle?
  4. Why does the custom of contingency fees encourage lawsuits?
  5. What are the three major categories of tort?
  6. What are the elements of negligence?
  7. What is the difference between criminal battery and civil battery?
  8. What is the difference between contributory and comparative negligence?
  9. What are 'hedonic losses'?
  10. Punitive damages are most commonly available for which category of tort?


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