Chapter 5 Legal Aspects

Concept of Tort: Which of the following definitions best describes tort?

• A contractually bound action resulting in damages.

• A criminal offense committed intentionally.

• A legal wrong committed upon a person or property independent of the contract.

• A contractual breach causing financial loss.

Major Purposes of Tort Law: What is one of the major purposes of tort law?

• To encourage wrongful conduct.

• To restrict compensation for injured parties.

• To absolve individuals from their responsibilities.

• To provide a peaceful means for adjusting the rights of parties.

Elements of Tort or Quasi-Delict: Which of the following is an element of tort or quasi-delict?

• Damages suffered by the plaintiff.

• Pre-existing contractual relation between the parties.

• Absence of fault or negligence of the defendant.

• Violation of criminal laws.

Fault and Negligence: What does negligence consist of?

• Voluntary act or omission causing damages to the right of another.

• Omission to do certain acts resulting in damage to another.

• Intentional harm caused by a person's actions.

• Violation of contractual obligations.

Persons Liable for Damages Arising from Quasi-delicts/Torts: Who is liable for damages caused by employees in the service of an establishment?

• The employees themselves.

• The customers of the establishment.

• The owners and managers of the establishment.

• The state.

Kinds of Special Agents under Article 2180, paragraph 5 of the Civil Code: Which of the following is considered a special agent under Article 2180?

• General members of the public.

• Independent contractors.

• Ordinary employees of an establishment.

• Public officials with particular assigned tasks.

Doctrines in Negligence Cases: What doctrine relates to the relationship of cause and effect between negligence and damage?

• Contributory negligence.

• Proximate cause.

• Imputed negligence.

• Last clear chance.

Remedies Available upon the Plaintiff in Tort Cases: Which of the following is a possible remedy for the plaintiff in a tort case?

• Criminal prosecution of the defendant.

• Compensation for the injury.

• Termination of the contractual relation.

• Exemption from any liability.

Damage Defined: How would you define damage in the context of tort law?

• Physical injury caused by intentional acts.

• Financial gain resulting from a legal dispute.

• Harm or loss suffered by a person due to the fault or negligence of another.

• A contractual obligation between two parties.

Different Kinds of Damages: Which of the following is a type of damage recognized in tort law?

• Compensatory damages.

• Punitive damages.

• Liquidated damages.

• Nominal damages.