Lawyer Terms & Vocab. 3

Question 1

What is 'subrogation' in insurance and tort law?

Accepted Answer

The substitution of one party for another to pursue a legal claim

Answer

Subrogation allows an insurer who has paid a claim to step into the insured's shoes and sue the responsible third party.

Question 2

What does 'quantum meruit' mean?

Accepted Answer

As much as he has deserved — compensation for services rendered

Answer

Quantum meruit is an equitable doctrine allowing recovery of the reasonable value of services rendered when no express contract governs payment.

Question 3

Which doctrine holds that an employer is liable for torts committed by employees within the scope of employment?

Accepted Answer

Respondeat superior

Answer

Respondeat superior ('let the master answer') makes employers vicariously liable for employees' negligent acts performed during employment.

Question 4

What is an 'easement appurtenant'?

Accepted Answer

An easement that benefits a neighboring parcel of land and runs with the land

Answer

An easement appurtenant benefits a dominant estate and automatically transfers when either parcel is sold.

Question 5

What is 'promissory estoppel'?

Accepted Answer

A doctrine enforcing a promise that was reasonably relied upon even without consideration

Answer

Promissory estoppel prevents a promisor from reneging on a promise when the promisee reasonably relied on it to their detriment.

Lawyer Practice Test