Business Law Ch 8 & 10

Tort law v criminal law

...

Following the case of MacPherson v. Buick Motor Company, any ______ plaintiff can sue a manufacturer for its breach of duty of care.

D. foreseeable

Which of the following is not a typical type of compensatory damage? A. Pain and suffering. B. Cost to repair damaged property. C. Medical expenses. D. Lost wages. E. Damages to punish the defendant for wrongdoing.

Damages to punish the defendant for wrongdoing.

When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim. A. Simple B. Complex C. Defamation D. Absolute E. Compounded

Absolute

Which of the following would constitute the privacy tort of false light? A. Attributing characteristics or beliefs to a person that he or she does not possess. B. Disclosing private facts about a person in order to obtain some sort of personal gain. C. Defaming a person with actual malice. D. Defaming a public figure. E. Defaming a public figure for personal gain.

Attributing characteristics or beliefs to a person that he or she does not possess.

13. Upon which type of law is product liability law primarily based? A. Contract law. B. Tort law. C. Administrative law. D. Legislative law. E. Executive law.

B. Tort law.

Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true? A. Annie has committed defamation of the college president in the form of slander. B. Annie has committed defamation of the college president in the form of libel. C. Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy. D. Annie has committed both defamation and invasion of privacy toward the college president. E. Annie has not committed any tort.

C. Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy.

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced? A. Assumption of the risk. B. Scientific knowledge doctrine. C. State-of-the-art defense. D. Reasonable behavior defense. E. Reasonable manufacturer defense.

C. State-of-the-art defense.

15. Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit? A. Only that the product is defective. B. That the defect should have been discovered and fixed prior to sale. C. That the defendant was negligent. D. That the product is defective and also that the defect existed when the product left the defendant's control. E. That the product is defective, that the defect existed when the product left the defendant's control, and also that the defendant was negligent.

D. That the product is defective and also that the defect existed when the product left the defendant's control.

34. Under a strict product liability theory, who may be held liable to an injured party? A. Manufacturers only. B. Distributors only. C. Retailers only. D. Manufacturers and distributors but not retailers. E. Manufacturers, distributors, and retailers.

E. Manufacturers, distributors, and retailers.

16. When an individual product has a defect making it more dangerous than identical products, that individual product is said to have which of the following defects? A. Design. B. Warning. C. Primary. D. Exclusionary. E. Manufacturing.

E. Manufacturing.

35. Under a strict product liability theory, who is considered a reasonably foreseeable party who may recover if injury is sustained? A. The buyer only. B. Only the buyer and the buyer's family. C. Only the buyer, the buyer's family, and the buyer's guests. D. Only the buyer and any one present in the buyer's home when injury is sustained. E. The buyer, the buyer's family, the buyer's guests, and foreseeable bystanders.

E. The buyer, the buyer's family, the buyer's guests, and foreseeable bystanders.

In China, defamation can be a civil or criminal action. True False

TRUE

compensitory fault

damages are reduced by the % of fault

Contributory negligence

doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident)

negligence per say

falls under automatic breech ; when you violate a statute that was ment to protect a certain class of victum

Which of the following is true regarding tort litigation? A. Tort litigation has been declining gradually since 1990. B. Tort litigation has increased steadily since 1990. C. Tort litigation has remained constant with no real change in numbers since 1990. D. Tort litigation increased significantly in the 1990s but has declined in the last two years. E. Tort litigation decreased in the 1990's but has increased steadily since the year 2000.

tort litigation has been declining gradually since 1990.

When it comes to assault, apprehension and fear are considered as the same thing. True False

False

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time? A. Forcible detention. B. False imprisonment. C. Qualified imprisonment. D. Contained detention. E. False detention.

False imprisonment.

_______ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability

Intentional

___________ damages are damages awarded to punish the defendant and to deter others from similar conduct. A. Nominal B. Compensatory C. Punitive D. Retaliatory E. Revenge

Punitive

No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers.

True

Under the market share theory, a plaintiff may be able to recover in a products liability action even if the plaintiff cannot trace the harmful product to a particular manufacturer. True False

True

Which of the following may a person accused of defamation raise as a defense? A. Truth but not privilege. B. Privilege but not truth. C. Need and truth. D. Need, truth and privilege. E. Truth and privilege.

Truth and privilege

A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. A. Battery B. Assault C. Assault and battery D. Negligence E. Strict responsibility

Assault

Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact. True False

False

Consent, if proven, is a defense to battery. True False

True

4 types of privacy torts

1)reasonable expectation of privacy in a public place 2) use of name or like ness for commercial advantage 3)public disclosure of private facts 4)false Light ( creating impressions that an individual has taken certain that they have not)

Burdern of proof (A: criminal V B: civil )

-A) Beoynd Reasonable doubt B) Preponderence of evidence

who can be sued in a product liability action

-they can sue the patent holder but not the generic

Ultimate issue in strict liabity case

-weather of not the product was dangerous

Which of the following is true regarding punitive damages in product liability cases? A. They are not available in product liability actions. B. The amount of the punitive-damage award is determined by the wealth of the defendant only. C. The amount of the punitive-damage award is determined by the maliciousness of the action only. D. The amount of the punitive-damage award is determined by the wealth of the defendant and also by the maliciousness of the action. E. Punitive damages are meant to compensate the plaintiff for injury and to make the plaintiff whole.

. D. The amount of the punitive-damage award is determined by the wealth of the defendant and also by the maliciousness of the action.

What are the categories of strict liability

...

8. If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court. True False

...TRUE

Tort law is primarily state law. True False

...True

what falls under strict product liability

1) a product was defective when sold 2)the product was so defective that it was unreasonably dangerious 3) the product was the cause of the plantifs injury

Which of the following is true regarding the apprehension necessary for the tort of assault? A. Apprehension and fear are the same thing. B. A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm. C. Actual injury is necessary for valid apprehension to be proven. D. The test for assault involves subjective apprehension, not reasonable apprehension. E. There is no requirement that the apprehension be of immediate physical contact.

A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm.

Comparative negligence

A tort rule for allocating damages when both parties are at least somewhat at fault. In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plaintiff was 30% at fault and the defendant was 70% at fault). Then each pays their share of the other's damages (in the above example, the plaintiff pays 30% of defendant's damages, and defendant pays 70% of plaintiff's damages).

Which of the following is a tort? A. A civil or criminal action in state court. B. A civil or criminal action in state court or federal court. C. A breach of contract. D. A wrong or injury to another, other than a breach of contract. E. A wrong or injury to another, including a breach of contract.

A wrong or injury to another, other than a breach of contract.

Under the Restatement (Third) of Torts, which of the following results in strict liability? A. A manufacturing defect but not a design defect or a failure to warn. B. A design defect and a failure to warn but not a manufacturing defect. C. A design defect but not a manufacturing defect or a failure to warn. D. Both a manufacturing defect and a design defect but not a failure to warn. E. A manufacturing defect, a design defect, and a failure to warn.

A. A manufacturing defect but not a design defect or a failure to warn.

Which of the following arises when a consumer knows that a defect exists but still proceeds unreasonably to make use of the product, creating a situation where the consumer has voluntarily assumed the risk of injury from the defect and thus cannot recover? A. Assumption of the risk. B. Pure comparative fault. C. Contributory negligence. D. Last-clear-chance. E. Strict behavior.

A. Assumption of the risk.

19. Which of the following is a reference to being a party to a contract? A. Being in privity of contract. B. Being in association with contract. C. Being in connect to contract. D. Being in affiliation with contract. E. Being connected by contract.

A. Being in privity of contract.

When all products of a particular design are defective and dangerous, those products have which of the following type of defects? A. Design. B. Warning. C. Primary. D. Exclusionary. E. Manufacturing.

A. Design.

Which of the following is defamation of a business product or service? A. Disparagement. B. Interference with a contract. C. Conversion. D. Derogation. E. Abuse of title.

A. Disparagement.

Which of the following was true prior to the landmark 1916 case of MacPherson v. Buick Motor Company? A. Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing the element of duty. B. Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing causation. C. Negligence was often used as a theory of recovery because of the ease in establishing privity of contract. D. Causes of actions against manufacturers of products were barred federal law. E. Causes of actions against manufacturers of products were barred by an amendment to the U.S. Constitution that has since been repealed.

A. Negligence was rarely used as a theory of recovery for an injury caused by a defective product because of the difficulty of establishing the element of duty.

Compliance with federal laws may lead to the defense that use of state tort law is ______________ by a federal statute designed to ensure the safety of a particular class of products. A. Preempted B. Complimented C. Refuted D. Extinguished E. Upheld

A. Preempted

21. Which of the following may be sued in product liability actions? A. Retailers, wholesalers, and manufacturers. B. Retailers and wholesalers but not manufacturers. C. Wholesalers and manufacturers but not retailers. D. Retailers and manufacturers but not wholesalers. E. Manufacturers but not retailers or wholesalers.

A. Retailers, wholesalers, and manufacturers.

Which of the following is true regarding proof of design defect? A. States are not in agreement as to how to establish a design defect. B. State law across the country is generally uniform regarding how to establish a design defect. C. State law is irrelevant because federal law dictates how to establish a design defect. D. Each local county in each state determines how a design defect will be established. E. Because of the amount of international trade, there are international treaties establishing for each U.S. state how design defects will be established.

A. States are not in agreement as to how to establish a design defect.

Under which of the following is the breach of warranty theory of liability established? A. The Uniform Commercial Code. B. The Federal Contract Guide. C. The Federal Commercial Code. D. The Restatement (Second) of Torts. E. The Restatement (Third) of Torts.

A. The Uniform Commercial Code.

Which of the following is true regarding the application of negligence per se in product liability cases based on negligence? A. The doctrine of negligence per se is also applicable to product liability cases based on negligence. B. The doctrine of negligence per se is applicable to product liability cases only if they are based on failure to warn. C. The doctrine of negligence per se is applicable to product liability cases only if the cases are based on design defect. D. The doctrine of negligence per se is applicable to product liability cases only if the cases are based on manufacturing defect. E. The doctrine of negligence per se is never available in product liability cases.

A. The doctrine of negligence per se is also applicable to product liability cases based on negligence.

36. Which of the following do courts focus on when a strict product liability action is involved? A. Whether the product was in a defective condition and unreasonably dangerous when sold. B. Whether the manufacturer was negligent. C. Whether the seller exercised all possible care in the preparation and sale of the product. D. Whether the consumer had a contractual relationship with the seller. E. Whether the manufacturer knew of a problem with the product.

A. Whether the product was in a defective condition and unreasonably dangerous when sold.

Which of the following defenses is an argument that harm was caused not by the defendant's negligence but by the plaintiff's failure to properly use the product? A. Assumption of the risk. B. Product misuse. C. Pure comparative fault. D. Last-clear-chance. E. Misapplication.

B. Product misuse.

Bob is a trained exterminator who received yearly instruction regarding precautions that should be taken in relation to use of pesticides. After being told that he suffered allergies and other ailments based on exposure to the pesticides, Bob sued the manufacturers of the pesticides at issue based on a failure to warn theory. The defendants' best argument based on Bob's prior training is the ______ defense.

B. Sophisticated-user

Which of the following is set out in the Restatement (Second) of Torts as a method by which to prove a design defect? A. The risk-utility test. B. The consumer expectations test. C. The feasible alternatives test. D. The design defect test. E. The consumer propensity test.

B. The consumer expectations test.

22. Which of the following are considered foreseeable plaintiffs in product liability cases? A. Users and consumers but not bystanders. B. Users, consumers and bystanders. C. Users but not consumers or bystanders. D. The purchaser only. E. The purchaser and the purchaser's immediate family only.

B. Users, consumers and bystanders.

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions? A. Ben has committed a battery. B. Ben has committed both an assault and a battery. C. Ben has not committed an assault or a battery because he acted in self-defense. D. Ben cannot rely on self-defense because he was involved in the argument and not completely innocent. E. Ben cannot rely upon self-defense because his life was not in danger.

Ben has not committed an assault or a battery because he acted in self-defense.

Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct? A. Bob has committed the tort of unfair competition. B. Bob has committed the tort of interference with contract. C. Bob has committed the tort of unfair competition and also the tort of interference with contract. D. Bob has committed the tort of disparagement. E. Bob has not committed any tort.

Bob has committed the tort of unfair competition.

Which of the following causes of action stem from contract theory? A. Breach of warranty. B. Negligence. C. Strict liability in tort. D. Failure to warn. E. Failure to warn and breach of warranty.

Breach of warranty.

26. Which of the following is true regarding damages that may be recovered in negligence-based product liability cases if proven? A. Compensatory damages may be recovered, but punitive damages may not be recovered. B. Punitive damages may be recovered, but compensatory damages may not be recovered. C. Compensatory damages and punitive damages may be recovered. D. Compensatory damages, punitive damages, and administrative damages may be recovered. E. Compensatory damages, punitive damages, administrative damages, and manufacturing damages may be recovered.

C. Compensatory damages and punitive damages may be recovered.

33. Section 402A of the Restatement (Second) of Torts applies to which of the following? A. Negligence. B. Breach of warranty. C. Strict product liability. D. Assumption of the risk. E. Preemption.

C. Strict product liability.

Which test for determining design defect is also referred to as the risk-utility test? A. The consumer expectations test. B. The retailer expectations test. C. The feasible alternatives test. D. The design defects test. E. None of these.

C. The feasible alternatives test

As of the date of text publication, what was the status of the lawsuit Pelman v. McDonald's, the case in which the plaintiffs asserted that McDonald's engaged in a scheme of deceptive advertising that in effect created the impression that McDonald's food products were nutritionally beneficial and part of a healthy lifestyle? A. The case was dismissed and plaintiffs are appealing. B. The case settled. C. The judge had refused to dismiss the plaintiffs' claims, and the case is moving forward as a class action. D. The judge ruled that only minor plaintiffs could sue, and their case is moving forward on a class action basis. E. The judge ruled that only plaintiffs who could prove that they had eaten a sufficient amount of food at McDonald's could sue and also that the plaintiffs could not proceed on a class action basis.

C. The judge had refused to dismiss the plaintiffs' claims, and the case is moving forward as a class action.

The primary type of damages in tort law is referred to as _____. A. Punitive damages B. Compensatory damages C. Nominal damages D. Accrual damages E. Perspective damages

Compensatory damages

Which of the following is true regarding defenses to negligence-based product liability actions? A. A defendant may only rely upon contributory negligence. B. A defendant may only rely upon comparative negligence. C. A defendant may only rely upon modified comparative negligence. D. A defendant may rely upon the defense of contributory, comparative, or modified comparative negligence, depending upon which defense is accepted by the state where the case arose. E. A defendant may not rely upon contributory, comparative, or modified comparative negligence because no defenses are available in such a lawsuit. The only issue will be the amount of damage.

D. A defendant may rely upon the defense of contributory, comparative, or modified comparative negligence, depending upon which defense is accepted by the state where the case arose.

Which of the following are commonly used theories of recovery in product liability cases? A. Negligence, negligence per se, and breach of warranty. B. Strict product liability, negligence per se, and breach of warranty. C. Breach of warranty, negligence, and negligence per se. D. Negligence, strict product liability, and breach of warranty. E. Civil, criminal, and administrative.

D. Negligence, strict product liability, and breach of warranty.

Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation? A. Politicians, but not entertainers, are generally considered to be public figures. B. Entertainers, but not politicians, are generally considered to be public figures. C. Small business owners and politicians, but not entertainers, are generally considered to be public figures. D. Politicians and entertainers, but not small business owners, are generally considered to be public figures. E. Small business owners, but not politicians or entertainers, are generally considered to be public figures.

D. Politicians and entertainers, but not small business owners, are generally considered to be public figures.

Which of the following was the result in Radford v. Wells Fargo Bank, the case in the text in which the plaintiff sued claiming that a mortgage loan was a defective product? A. The court allowed the case to proceed on the basis that a loan is a product. B. The court ruled that while a loan is a product, the plaintiff was barred from proceeding because he had not alleged that he was in mortgage foreclosure, a necessary predicate for a lawsuit alleging defect based on a mortgage loan. C. The court ruled that while a loan is a product, the plaintiff was barred from proceeding because he had not alleged usury, a necessary predicate for a lawsuit alleging defect based on a mortgage loan. D. The court ruled that while a loan is a product, the plaintiff was barred from proceeding because he had not alleged that he was in bankruptcy, a necessary predicate for a lawsuit alleging defect based on a mortgage loan. E. Recognizing that product liability focuses on tangible items, the court ruled that a loan is not a product for purposes of product liability law.

E. Recognizing that product liability focuses on tangible items, the court ruled that a loan is not a product for purposes of product liability law.

What was the ruling of the court in the case of Welge v. Planters Lifesavers Co., the case in which the plaintiff injured his hand when a jar containing peanuts broke? A. That the case would be dismissed because the plaintiff could not establish that the jar was maintained in a pristine condition after its purchase. B. That the plaintiff was unable to recover because negligence in manufacture of the jar could not be established. C. That the plaintiff was unable to recover because he was not the actual purchaser of the jar of peanuts. D. That the plaintiff would be allowed to proceed because negligence was established. E. That the plaintiff would be allowed to proceed with the lawsuit because of a lack of evidence that the jar had been damaged after its purchase.

E. That the plaintiff would be allowed to proceed with the lawsuit because of a lack of evidence that the jar had been damaged after its purchase.

Which of the following do courts often consider in determining whether a manufacturer was negligent in failing to warn?

E. The likelihood of the injury, the seriousness of the injury, and the ease of warning.

Doctrine responiant superior

Employers are responceable for the torts of their employees

8. A bystander may not invoke the doctrine of strict-liability in a lawsuit. True False

FALSE

3. Japanese law fails to recognize fault of the part of the consumer in product liability cases, and manufacturers must bear the full burden when a product is found to be defective. True False

False

5. The lack of a feasible way to make a safer product as a matter of law prevents liability based upon an alleged defective product. True False

False

6. The statute of limitations is the same thing as the statute of repose. True False

False

7. In order to proceed in a products liability action, a plaintiff must establish to a certainty that the product was not damaged after its purchase. True False

False

Defense of property cannot be a defense to a claim of battery. True False

False

Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed? A. Negligent infliction of emotional distress. B. Intentional infliction of strict-liability distress. C. Intentional infliction of emotional distress. D. Reckless invasion of solitude. E. Psychological infliction of distress.

Intentional infliction of emotional distress.

Which of the following are common classifications of torts? A. Intentional, negligent, and criminal. B. Intentional, criminal, and strict liability. C. Intentional, negligent, and strict liability. D. Criminal, negligent, and strict liability. E. Administrative, civil, and criminal.

Intentional, negligent, and strict liability.

Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed? A. Intrusion on an individual's affairs or seclusion. B. Assault. C. Public disclosure of private facts. D. False light invasion of property. E. Commercial appropriation.

Intrusion on an individual's affairs or seclusion.

quasi intentional tort

Invasion of privacy defamation

Which of the following is true of the term "tort"? A. It is a French word meaning "wrong." B. It is a German word meaning "mistake." C. It is a Latin word meaning "misfeasance." D. It is an English word meaning "negligence." E. It is a civil law term meaning "liability."

It is a French word meaning "wrong."

Which of the following is true regarding awards of punitive damages in the U.S.? A. It is not always easy to predict what a court will do in any given case. B. Punitive damages may not be awarded in excess of $3 million dollars. C. A ratio of punitive damages to compensatory damages greater than 9 to 1 violates due process. D. The Supreme Court ruled that the issue of punitive damages is for the jury and will not be disturbed on appeal regardless of the ratio of punitive damages to compensatory damages. E. Awards of punitive damages in the U.S. are very similar to awards of punitive damages under the Canadian judicial system.

It is not always easy to predict what a court will do in any given case.

Which of the following torts seek to compensate people wrongfully subjected to litigation? A. Malicious prosecution, wrongful civil proceedings, and abuse of process. B. Wrongful civil proceedings but not malicious prosecution or abuse of process. C. Abuse of process but not malicious prosecution or wrongful civil proceedings. D. Malicious prosecution and wrongful civil proceedings, but not abuse of process. E. Malicious prosecution and abuse of process but not wrongful civil proceedings.

Malicious prosecution, wrongful civil proceedings, and abuse of process.

Which of the following is the type of defect most likely involved when an individual glass bottle of soda shatters in someone's hand causing a cut, although most bottles do not shatter in that manner? A. Design B. Warning C. Punitive D. Manufacturing E. Negligent

Manufacturing

What is Res Ipsa Locuitur

More likely than not that the defendants negligence caused the plantifs harm

_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability

Negligent

______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff. A. Nominal B. Compensatory C. Punitive D. Retaliatory E. Revenge

Nominal

Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true? A. Robby's conduct constitutes a battery. B. Robby's conduct constitutes an assault. C. Robby's conduct constitutes both a battery and an assault. D. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. E. Robby's conduct does not constitute an assault because there was no physical contact.

Robby's conduct does not constitute an assault because there is no question of immediate bodily harm

Jane is unhappy with her neighbor, Sam, because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Jane because she is up late anyway, she thinks that will encourage Sam to let her swim in the pool. Sam, however, continues to refuse to allow Jane to swim in his pool, and Jane proceeds to sue Sam for nuisance. Which of the following is true? A. Jane is completely within her rights and has done nothing wrong because Sam really is playing the stereo late at night. B. Sam can sue Jane for malicious prosecution and win only if he wins the nuisance action. C. Sam can sue Jane for abuse of process and win only if he wins the nuisance action. D. Sam can sue Jane for malicious prosecution and win regardless of whether or not he wins the nuisance action. E. Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action.

Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action.

A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as _______. A. Slander of quality B. Trade libel C. Libel of title D. Slander of title E. Libel of sale

Slander of title

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability

Strict-liability

Privilege is an affirmative defense in a defamation action. True False

TRUE

Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists. True False

TRUE

The use of moral pressure is insufficient to establish false imprisonment. True False

TRUE

As recognized by the court in Sperry-New Holland v. John Paul Prestage and Pam Prestage, which of the following is true regarding the consumer expectations test for product defect? A. That if the plaintiff, applying the knowledge of an ordinary consumer, sees the danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger. B. That a plaintiff cannot recover if a reasonable person would conclude that the danger in fact of the product, whether foreseeable or not, outweighs the utility of the product. C. That a plaintiff may only recover if the plaintiff was the purchaser of the product causing injury. D. That a plaintiff may only recover if consumer oriented household goods are involved. E. That a plaintiff may only recover if the plaintiff reasonably expected the manufacturer to have insurance, that the manufacturer did have insurance of the type to cover the injury at issue, and that the plaintiff had no part in causing the injury.

That if the plaintiff, applying the knowledge of an ordinary consumer, sees the danger and can appreciate that danger, then he cannot recover for any injury resulting from that appreciated danger.

What was the result at the Supreme Court level in Wyeth v. Levine, the case in the text in which the defending drug company took the position that the plaintiff's jury verdict on her state law claim alleging that the defendant improperly labeled a drug was preempted by federal law and should be overturned? A. That the case should be dismissed because the defendant could not be subjected to both federal and state law. B. That the case should be dismissed because it was impossible for the defendant to comply with both state and federal law. C. That the case should be dismissed because complying with state law would obstruct the purposes and objectives of federal drug labeling regulation. D. That the jury verdict would be upheld because the defendant could have complied with its state and federal law obligations. E. That the jury verdict would be upheld because Wyeth failed to submit evidence that the plaintiff was guilty of comparative negligence.

That the jury verdict would be upheld because the defendant could have complied with its state and federal law obligations.

Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom? A. Only that the statements were true. B. Only that the statements were made in Parliament. C. Only that the statements were made in court. D. That the statements were made in Parliament or court. E. That the statements were true, that the statements were made in Parliament, or that the statements were made in court.

That the statements were true, that the statements were made in Parliament, or that the statements were made in court.

Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others? A. The Internet Communications Act of 2000. B. The Interactive Computer Services Protection Act of 2004. C. The Communications Decency Act of 1996. D. The Internet Communications Protection Act of 1998. E. The Blog Protection Act of 2001.

The Communications Decency Act of 1996

Which of the following is true regarding the intent needed for an intentional tort? A. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another. B. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical injury to another. Economic injury is insufficient. C. The intent at issue is intent to harm that results in an injury, physical or economic, to another. D. The intent at issue is intent to harm that results in physical injury to another. Economic injury is insufficient. E. The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice.

The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another

What was the result in the case opener involving the lawsuit against the sperm bank for providing sperm with a genetic defect? A. The lawsuit was dismissed because of the court's decision that sperm is not a product. B. The lawsuit was dismissed because of the court's decision that the plaintiffs had suffered no damages. C. The lawsuit was dismissed because of the court's decision that the sperm was not defective. D. The lawsuit was not dismissed, and the court ruled that a sperm bank could be sued under product liability laws. E. The lawsuit was not dismissed although the court ruled that the plaintiff could proceed only under a negligence theory.

The lawsuit was not dismissed, and the court ruled that a sperm bank could be sued under product liability laws.

Under which of the following theories may a plaintiff be able to proceed even if the plaintiff cannot trace an injury caused by a product to any particular manufacturer? A. The shared liability theory. B. The market share theory. C. The trade theory. D. The shared market liability theory. E. The shared production theory.

The market share theory.

Which of the following would constitute false imprisonment? A. Threatening to use immediate physical force to detain someone; refusing to release property; and physical restraint, such as tying someone to a chair; but not moral pressure. B. Threatening to use immediate physical force to detain someone; physical restraint, such as tying someone to a chair; and moral pressure; but not refusing to release property. C. Physical restraint, such as tying someone to a chair, but not threatening to use immediate physical force to detain someone, refusing to release property, or moral pressure. D. Threatening to use immediate physical force to detain someone; refusing to release property; physical restraint, such as tying someone to a chair; and moral pressure. E. Physical restraint and threatening to use immediate physical force, but not refusing to release property or moral pressure.

Threatening to use immediate physical force to detain someone; refusing to release property; and physical restraint, such as tying someone to a chair; but not moral pressure.

A person who commits a tort is often referred to as a ___________. A. Tortfeasor B. Guiltfeasor C. Criminal D. Runaway defendant E. Nominal defendant

Tortfeasor

1. A product may be found defective if a manufacturer fails to provide adequate warnings about potential dangers associated with the product. True False

True

4. In German product liability cases, consumers do not have a right to recover damages for pain and suffering or for emotional distress. True False

True

9. The state-of-the-art defense is not available in all states in strict liability cases. True False

True

Civil assault vs. civil battery

Victim needs knowledge of an assault w/o knowledge there can be fear

Under which of the following situations does the tort of trespass to realty occur? A. When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; stays on the land of another when the owner tells him to depart; or refuses to remove something he placed on the property that the owner of the property asked him remove. B. When a person intentionally causes an object to be placed on the land of another without the landowner's permission; refuses to remove something he placed on the property that the owner of the property asked him remove; or intentionally enters the land of another without permission; but not when a person stays on the land of another when the owner tells him to depart. C. When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; or stays on the land of another when the owner tells him to depart; but not when a person refuses to remove something he placed on the property that the owner of the property asked him remove. D. When a person intentionally enters the land of another without permission; or stays on the land of another when the owner tells him to depart; but not when a person causes an object to be placed on the land of another without the landowner's permission or when a person refuses to remove something he placed on the property that the owner of the property asked him remove. E. A person does not commit trespass to realty unless it can be established that the person himself or herself initially entered the land of another without permission.

When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; stays on the land of another when the owner tells him to depart; or refuses to remove something he placed on the property that the owner of the property asked him remove.

Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter? A. There is no special rule for shopkeepers. Shopkeepers commit the tort of false imprisonment if they detain anyone even if that person is suspected of shoplifting. Instead, the police should be called. B. When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time. C. Whenever a retailer has a reason to believe that a person is guilty of shoplifting, the store may detain the person for any length of time but may not ask any questions prior to the arrival of the police. D. The shopkeeper may detain the shoplifter only for a reasonable length of time but may not ask any questions prior to the arrival of the police. E. The shopkeeper may detain a shoplifter but for no longer than 20 minutes because by law it is assumed that it should take no longer than that amount of time for law enforcement officers to arrive.

When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time.

Elements of negligence

a) duty b) breach c) causation d) damages

modified Comparative negligence

if 50% or more at fault than you collect nothing

contributory fault

if a person is at fault they collect nothing

Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______. A. with actual malice B. negligently C. in print D. publicly E. to an employer

with actual malice

Intentional torts

• Assault • Battery • Conversion • False imprisonment • Trespass to land • Trespass to chattels (Personal property) • Intentional infliction of emotional distress • Fraud Invasion of privacy