1.

REVIEWING WHAT YOU LEARNED

1. What is the difference between a tort and a crime?
A tort is a wrong against an individual, as opposed to a crime, which is a wrong against the
public at large.
2. Give an example of a wrong that is both a tort and crime.
An example of a wrong that is both a tort and a crime is the case of assault.
3. How does a tort differ from a breach of contract?
A tort is a breach of duty imposed by law, whereas a breach of contract is a breach of duty
imposed by agreement of the parties.
4. What four basic requirements must the plaintiff allege and prove in order to recover
damages for a tort?
In general, the plaintiff must allege and prove all of the following:
- the existence of a duty owed to the plaintiff by the defendant;
- a violation of that duty;
- a showing that the violation was the cause of the plaintiff’s injuries;
- damages.
5. Describe and name the term for the situation in which one person may be held
responsible for the torts that are committed by another person.
The term for the situation in which one person may be held responsible for the torts that are
committed by another person is imputed liability or vicarious liability. Vicarious liability applies
most frequently when an employee commits a tort while working for an employer. Under the
doctrine of respondeat superior masters can be held responsible for the torts of their servants that
are committed within the scope of employment. A tort committed within the scope of
employment is a wrongful act committed by an employee that is nonetheless committed inside
the zone of that person’s employment authority.
6. What liability do minor children have for their torts?
Minor children are just as liable for their torts as adults.
7. In what way are parents liable for torts committed by their children?
Parents are liable up to a limited amount of money for the willful torts committed by their minor
children.
8. Describe the statute enacted in 1971 by the Massachusetts legislature, dealing with the
tort liability of a charitable organization.
The statute enacted in 1971 by the Massachusetts legislature abolished the doctrine of charitable
immunity in cases arising from a charity’s commercial activity and set a limit of $20,000 on the
amount that may be recovered from a charity for torts arising out of charitable activity.
9. Describe the main features of the Massachusetts Tort Claims Act.
Public employers are liable up to $100,000 for personal injury, property damage or death caused
by the negligent or wrongful act or omission of any public employee while acting within the
scope of employment. Before suit may be brought under the act, a claim must be presented in
writing to the executive officer of the public employer involved within two years after the cause
of action arose. The public employer has six months to deal with it. Only then may the suit be
brought against the public employer and it must be brought within three years after the cause of
action arose.
10. What is the difference between joint liability and several liability?
Joint liability means that all joint tortfeasors must be named as defendants in the lawsuit and, if
found liable, together they owe the damages awarded to the plaintiff. Several liability means that
the joint tortfeasors may be sued separately for the wrongdoing.

2. UNDERSTANDING LEGAL CONCEPTS

1. A tort is a wrong against society.
False. Correct: society → an individual.
2. Under the doctrine of respondeat superior, a governmental body is immune from tort liability.
False. Correct: respondeat superior → sovereign immunity.
3. In the past, charitable institutions and government bodies were immune from tort liability.
True.
4. “Master” is the legal name that means employer.
True.
5. Several liability means that all joint tortfeasors must be named as defendants in a lawsuit.
False. Correct: Several → Joint.
6. Minor children are liable for their torts just the same as adults.
True.
7. In comparing a tort with a breach of contract, a tort is a breach of duty imposed by the parties,
whereas a breach of contract is a breach of duty imposed by law.
False. Correct: the parties → law, law → the parties.
8. A tort is a criminal action brought by the state to punish the defendant for the wrongdoing.
False. Correct: tort → criminal action.
9. If the joint tortfeasor is required to pay more than his or her share to the injured party, he or
she may sue the other joint tortfeasor for the excess.
True.
10. An agent is the person who is authorized to act on behalf of another and subject to the other’s
control.
True.

3. CHECKING TERMINOLOGY
(a-8) agent: a person who authorizes an agent to act on his or her behalf and subject to his or her
control.
(b-10) doctrine of charitable immunity: a legal doctrine under which charitable institutions are
immune from tort liability.
(c-4) doctrine of respondeat superior: a legal doctrine under which a master is responsible for
the torts of his or her servants, that are committed within the scope of employment.
(d-11) doctrine of sovereign immunity: a legal doctrine under which governmental bodies are
immune from tort liability.
(e-16) Good Samaritan statutes: laws providing that physicians, nurses, and certain other
medical personnel will not be liable for negligent acts that occur when they voluntarily, without a
fee, render emergency care of treatment outside of the ordinary course of their practice.
(f-9) immune: exempt.
(g-3) imputed liability: vicarious responsibility for the torts committed by another person.
(h-13) joint liability: liability under which all joint tortfeasors.
(i-12) joint tortfeasors: two or more people who participate in the commission of a tort.
(j-5) master: employer.
(k-7) principal: a person who authorizes an agent to act on his or her behalf and subject to his or
her control.
(l-15) right of contribution: the right to share a loss among joint tortfeasors or other
codefendants.
(m-6) servant: employee.
(n-14) several liability: liability under which joint tortfeasors may be sued separately in a
lawsuit.
(o-1) tort: a wrong against an individual.
(p-2) tortfeasor: one who commits a tort.
(q-3) vicarious liability: vicarious responsibility for the torts committed by another person.

4. USING LEGAL LANGUAGE

Amy and Barry, while working for the Red Cross, committed a tort when they violated a duty
imposed on them by law. Because they committed the wrongful act together, they were joint
tortfeasors, but because they could be sued separately, their liability was several liability rather
than joint liability. Because the doctrine of charitable immunity no longer applies, the Red
Cross, which is the master of Amy and Barry, has imputed/vicarious liability for the torts of its
servants under the doctrine of respondeat superior. If it turns out that Amy is required to pay
more than Barry for the damages they caused, Amy has the right of contribution to recover the
excess from Barry. This case is not one involving the doctrine of sovereign immunity, because
it does not involve a governmental body being immune from tort liability, nor does it involve a
principal or an agent - that is, a person who authorizes another to act or one who is authorized
to act.

5. PUZZLING OVER WHAT YOU LEARNED

Across
3. Doctrine under which a master is responsible for the torts of his or her servants.
RESPONDEAT SUPERIOR
7. A wrong against an individual. TORT
9. People authorized to act on behalf of others and subject to the others’ control. AGENTS
10. Doctrine under which charitable institutions are immune from tort liability. CHARITABLE
IMMUNITY
11. Two or more people who participate in the commission of a tort. JOINT TORTFEASORS
Down
1. Vicarious responsibility for the torts committed by another person. IMPUTED LIABILITY
2. Employers. MASTERS
4. Employees. SERVANTS
5. People who authorize agents to act on their behalf and subject to their control. PRINCIPAL
6. Exempt. IMMUNE
7. One who commits a tort. TORTFEASOR
8. Liability under which all joint tortfeasors must be named as defendants. JOINT LIABILITY