California Civil Code Quiz

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Questions and Answers

What does § 1708 of the Tort statute primarily address?

Injuries resulting from business disputes.

The rights to contract and negotiate agreements.

Injury to person or property and infringement upon rights. (correct)

Property ownership and transfer of title.

According to § 1714, who is responsible for injuries caused by negligence?

Everyone is responsible for their acts and for injuries caused by lack of ordinary care. (correct)

Only business owners are responsible.

Only those who explicitly acknowledge liability.

Everyone is responsible for their subordinates, employees, agents, children, and wards.

Only individuals with a contractual agreement.

What is a general principle of negligence as stated in § 1714?

Individuals are not responsible for injuries they did not foresee.

Everyone is liable for injuries caused by their lack of ordinary care. (correct)

Only harm caused intentionally can lead to liability.

Negligence occurs only in business transactions.

What is the primary responsibility of a motor vehicle owner under CA Vehicle Code § 17150?

They are liable for injuries or damages caused by the negligent operation of their vehicle. Signup and view all the answers

Under strict liability laws, when is a dog owner held liable for dog bites?

Regardless of the dog's previous behavior or the owner's knowledge of its behavior. Signup and view all the answers

What constitutes 'professional negligence' as defined in medical malpractice?

An act or omission by a healthcare provider that causes injury during provision of services they are licensed to offer. Signup and view all the answers

What does the invasion of privacy statute (§ 1708.8) prohibit?

Physically invading someone’s privacy to record images or sounds. Signup and view all the answers

What does intentional infliction of emotional distress represent in legal terms?

A tort leading to personal injury damages Signup and view all the answers

How does comparative fault affect a plaintiff's recovery of damages?

It reduces their damages according to their degree of fault Signup and view all the answers

What type of damage is considered as 'economic damages'?

Medical expenses and loss of earnings Signup and view all the answers

In which case is a defendant liable only for their specific portion of non-economic damages?

Under principles of comparative fault Signup and view all the answers

Which of the following is NOT included in the definition of non-economic damages?

Loss of earnings Signup and view all the answers

What presumption exists regarding obligations imposed upon multiple persons?

They are presumed to be joint unless stated otherwise Signup and view all the answers

Which of the following factors would likely influence a determination of emotional distress in a legal context?

The subjective nature of the claimed distress Signup and view all the answers

What type of damages can a plaintiff recover in a successful personal injury lawsuit?

Both economic and non-economic losses Signup and view all the answers

Under what circumstances may damages be awarded for future detriment?

For detriment certain to result in the future Signup and view all the answers

What type of damages may a plaintiff recover in cases of oppression, fraud, or malice, beyond actual damages?

Punitive damages Signup and view all the answers

Which statement is true regarding uninsured individuals seeking damages after an accident?

They cannot seek non-economic damages even if not at fault. Signup and view all the answers

What is required for a plaintiff to recover punitive damages in an action for breach of an obligation not arising from contract?

Clear and convincing evidence of oppression, fraud, or malice Signup and view all the answers

How frequently must property owners conduct inspections to maintain safety standards?

Regularly to identify unsafe conditions within a reasonable timeframe. Signup and view all the answers

What is a liability condition for property owners if an injury occurs during recreational use?

The owner willfully failed to warn about or protect against the dangerous condition. Signup and view all the answers

What factor does NOT affect the responsibility of owners for injuries on their property?

The nature of the injury sustained. Signup and view all the answers

Which is the correct statement regarding premises liability concerning recreation?

Owners may be liable if they fail to protect or warn users of hazards. Signup and view all the answers

What is the LEAST thing that a premises owner can do where there exists a dangerous condition within the property?

Provide sufficient warning of the dangerous condition Signup and view all the answers

Under the Unruh Civil Rights Act, when might its principles apply in premises liability cases?

When there are elements of discrimination or denial of equal access. Signup and view all the answers

Study Notes

California Civil Code & Personal Injury Law

Enacted in 1872, the California Civil Code is one of 29 codes in CA
A core part of private law, it defines and regulates legal relationships between individuals and businesses within CA's jurisdiction
It governs general obligations and rights, providing a framework for understanding and resolving disputes

CA Civil Code: Structure/Divisions

Division 1 (Persons): Addresses personhood, personal rights, marriage, divorce, and parental-child duties. (Note: CA now has a separate Family Code)
Division 2 (Property): Focuses on property ownership, transactions, use, enjoyment, acquisition, transfer, and loss of property.
Division 3 (Obligations): Concerns contractual agreements, obligations from contracts, contract interpretation, and the effect of obligations.
Division 4 (General Provisions): Includes miscellaneous provisions not fitting under the other three divisions.

Civil v. Common Law

The California Civil Code is structurally similar to inherited Colonial Spanish and Mexican civil codes (civil law regimes).
However, many sections codify well-established American common law principles.

Intentional and Non-Intentional Acts: The California Civil Code protects individuals from bodily harm, personal insults, defamation, and injury to personal relationships (§ 43).

Defamation (sections 44, 45, 46)

Covers both libel and slander, causing harm to a person's reputation
It can form the basis for a personal injury lawsuit when it causes damage.

Unruh Civil Rights Act (section 51)

Guarantees equal and free treatment for all within California, regardless of sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, and immigration status.
Ensures equal access to accommodations, advantages, facilities, privileges, and services in all business establishments.
A plaintiff must demonstrate denial of equal treatment, discrimination motivated by perceived protected status, harm caused, and that the establishment's conduct substantially contributed to the harm.
While primarily focused on anti-discrimination, the act's principles can also relate to premises liability cases involving equal access and discrimination elements

Tort (section 1708)

Every person is obligated, contractually or not, to avoid harming the person or property of another, or infringing on another's rights.

Negligence (section 1714)

Responsibility for the results of willful acts and for injury caused to others by negligence
(a) Everyone is responsible for injuries arising from their property or person management, unless the injured person contributed to their harm. Firearms and ammunition aren't exempt from ordinary care duties. The extent of liability is defined by the Title on Compensatory Relief.
A primary basis for premises liability and motor vehicle negligence (MV negligence)
Property owners have a duty to exercise "ordinary care or skill" managing their property

Duty of Care to Keep Premises Safe (section 846)

Property owners owe a duty of care to those entering for recreational purposes, unless:
- Maliciously failing to warn of or protect against dangerous conditions
- Charging a fee for entry
- Expressly inviting entry
Defendants in premises liability cases should know about dangerous conditions and either fix them, protect others from the harm they cause, or provide warning.
Reasonable property inspections are necessary to identify unsafe conditions and to determine how long dangerous conditions existed and whether reasonable care was exercised

Negligence and Damages (Section 1714 (a))

Auto accidents liability/MV negligence
Property owners have a duty to exercise ordinary care or skill in using their property (motor vehicle)

Liability of Motor Vehicle Owner (CA Vehicle Code section 17150)

Motor vehicle owners are liable for the death or injury of a person (or property damage) caused by negligence or wrongful acts or omissions during the operation or use of a motor vehicle. This includes if another person uses the vehicle with permission.

Strict Liability (Sections 3342 and 3342.5)

Dog owners are strictly liable for damages caused by their dog biting anyone in a public, or private place, regardless of prior viciousness or owner knowledge about the dog
The law is absolute.

Product Liability (section 1714.45)

A "product liability action" relates to physical injury or death caused by a product, excluding manufacturing defects or breach of express warranties.

Medical Malpractice (section 3333.1)

"Professional negligence" is a negligent act or omission by healthcare providers rendering services within their license scope.

Other Obligations Imposed by Law (Sections 1708-1725)

Invasion of Privacy (1708.8): Illegal to invade a person's privacy to capture an image, recording, etc., in an offensive manner
Emotional Distress (Sections 46, 1708): Intentional infliction of emotional distress (tort) is a basis for personal injury damages

Damages: Generally (section 3281)

Any person harmed by the unlawful act or omission of another may recover monetary compensation (called damages.)

Damages: Future Damages (section 3283)

Damages can be awarded in a judicial proceeding for detriment resulting after the proceeding's initiation, or certain to arise in the future

Breach of Obligation Not Arising from Contract (section 3288)

Interest can be granted in the jury's discretion in actions for breach of non-contractual obligations or involving fraud, oppression, or malice.

When Damages Recoverable (section 3294)

Punitive damages can be awarded when there's clear and convincing evidence of oppression, fraud, or malice, in addition to compensatory damages. This is for punishing the defendant.

Breach of Obligation Not Arising from Contract (section 3333)

Damages for noncontractual breach should compensate for all proximately caused detriment, whether foreseen or not.

Damages for Non-economic Losses in Motor Vehicle Accidents (section 3333.4)

Uninsured accident victims can't seek non-economic damages from at-fault drivers.

Presumption Obligation Joint and Several (Section 1431)

Obligations imposed on multiple people are presumed joint unless specified otherwise in contracts or related sections.

Comparative Fault (Sections 1431.1 and 1431.2)

Plaintiffs can recover damages even if partly at fault, but damages are reduced proportionally to their fault level.

Several Liability for Non-economic Damages (section 1431.2)

Each defendant's liability for noneconomic damages is separate and dependent on the degree of their fault.
Damages are allocated proportionally.

Damages (Sections 1431, 3281, 3283, 3288, 3291, 3294-95, 3333-3343.7)

All damages are under the title "Compensatory Relief" in the California Civil Code and form the basis for monetary compensation awarded in a successful personal injury lawsuit. Types include economic and non-economic, and punitive damages.

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Description

Test your knowledge on the California Civil Code with this quiz. Explore various divisions, principles of negligence, and legal responsibilities outlined in the code. Perfect for law students or anyone interested in California law.