Risk Management Definitions Flashcards Preview

Risk Management > Risk Management Definitions > Flashcards

Flashcards in Risk Management Definitions Deck (12)
Loading flashcards...
1

Affirmative Defense

A defendant's defense to a claim that may include assumption of risk, duress, statue of limitations or failure of contract.

2

Exculpatory Language

Language in an agreement designed to make the participant waive or appear to waive any legal rights, or that appears to release the program/provider from liability for negligence.

3

Indemnity Language

Language that attempts to require a participant to reimburse the provider should another party bring a claim.

4

In Loco Parentis

The provider takes the "place of the parent".

5

Laws of Consortium

Damages may be sought by a spouse whose husband or wife has been hurt or killed by another.

6

Respondeat Superior

"Let the master answer" for the acts of an employee acting within their scope of employments.

7

Contributory Negligence

Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant.

8

Comparative Fault

Allows a court to determine the defendant's fault/negligence and the plaintiff's contributory fault/negligence

9

Tort

A wrong doing against a person who suffers damages.

10

Intentional Tort

Assault, fraud, slander, misrepresentation.

11

Unintentional Tort

Wrong doings based on negligence.

12

Appeal

Action taken by a party disappointed with the lower court's ruling, seeking a higher courts review.