CH 10,11,12 (BUS LAW)

If defamation is oral, it is called __________.

slander

The tort of trespass to land arises only when a defendant damages the property of a plaintiff.

False

__________ is a catchall phrase for the legal responsibility for injury-causing behavior that is neither intentional nor negligent.

Strict liability

In the context of tort law, what is intent?

The desire to bring about certain or substantially likely results.

Which of the following is true of copyright?

It protects original, creative expression.

The International Court of Justice is also called the:

World Court.

The acts imposing strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons are called __________ acts.

dram shop

In the United States, the counterpart of expropriation is called:

eminent domain.

Although there are civil penalties for stealing trade secrets, no criminal penalties exist at this current time.

false

An assault is never followed by a battery.

false

An express agreement can never give rise to assumption of the risk.

false

An illegal touching can only constitute part of a battery if it causes physical injury.

false

Common carriers, which are transportation companies licensed to serve the public, are strictly liable for misconduct of the shipper, such as improper packaging.

false

False imprisonment arises from causing someone to be arrested criminally without proper grounds.

false

False imprisonment is a tort of negligence.

false

If a teacher states aloud in class that a student has been gossiping, when that student has never gossiped about anyone, the teacher is guilty of libel.

false

Injurious falsehood usually applies to character or reputation, rather than a product or business.

false

Only individuals can sue for defamation.

false

Written defamation, or defamation published over radio or television, is termed __________.

libel

The negligence of professionals is called __________

malpractice

The negligence of professionals is called __________.

malpractice

__________ takes place when one who has a duty to act reasonably instead acts carelessly and causes injury to another.

negligence

What is the term used for a defect that arises when a product is not manufactured to a manufacturer's own standards?

production defect

__________ represents the proposition that those engaged in activity are legally liable only for the foreseeable risk they cause.

proximate cause

Strict products liability applies to __________.

retail sellers

Another term used for injurious falsehood is ______.

trade disparagement

The Nike 'swoosh' is an example of what type of intellectual property?

trademark

To enter another's land without consent or to remain there after being asked to leave constitutes the tort of __________.

trespass

A defendant might defend against a product liability lawsuit by claiming that the plaintiff misused the product.

true

A party can be held responsible for a strict liability tort without a showing of negligence or intent to cause injury.

true

Adoption of the comparative negligence principle seems to lead to more frequent and larger awards for plaintiffs.

true

As a cause of action, injurious falsehood is similar to defamation of character.

true

By using of a letter of credit, the buyer need not pay the seller for goods prior to shipment and the seller can obtain payment for the goods immediately upon shipment. Use of a letter of credit in the transaction reduces the uncertainties involved.

true

Defamation has occurred if someone publishes untruths about another person that subject their character to ridicule.

true

Design defects occur when a product is manufactured according to a manufacturer's standards, but the product injures a user due to its unsafe design.

true

In its application for proximate causation, foreseeability has come to mean that the plaintiff must have been one whom a defendant could reasonably expect to be injured by a negligent act.

true

In most states, the courts impose strict liability in tort for ultrahazardous activities.

true

Innocently purchasing something that has been stolen is considered conversion.

true

Intentional torts or "willful and wanton" negligence may give rise to punitive or exemplary damages.

true

It is important to a successful assumption-of-the-risk defense that the assumption was voluntary.

true

Juries frequently use state-adopted life expectancy tables and present-value discount tables to help them determine the amount of compensatory damages to award.

true

Legally, a tort is any civil wrong other than a breach of contract.

true

One is not liable for another's injury unless he or she has a duty toward the person injured.

true

Production defects arise when products are not manufactured to a manufacturer's own standards.

true

The courts can declare a trademark invalid even if the U.S. Patent and Trademark Office has accepted registration.

true

The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. The acts imposing this liability are called dram shop acts. So, if you are a bar owner, and you allow a customer to get drunk at your establishment, you are liable for injuries that they cause a third person.

true

The tort of invasion of privacy encompasses three principal invasions of personal interest: misappropriation of one's name or likeness; intrusion upon physical solitude; and public disclosure of highly objectionable and private information.

true

Trademarks indicate a specific producer.

true

Truth is an absolute defense to a claim of defamation.

true

Written defamation, or defamation published over radio or television, is termed

libel

Which of the following is a principal defense to an allegation of negligence?

Comparative responsibility

__________ is the wrongful exercise of dominion and control over the personal resources that belong to another.

Conversion

Which of the following is a function of a trademark?

Distinctiveness

Punitive damages are also called __________.

Exemplary damages

The __________ defense arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another.

assumption-of-the-risk

Sally is having a garage sale. Her neighbor, John, stops by and purchases a blender. Later when John gets home, he tries to make a smoothie with his new blender. The blender blade is defective and ends up cutting John's hand. John decides to file a lawsuit against Sally to try to recover money for his medical bills. John's case will be a strict products liability case.

false

Strict products liability applies to any type of seller.

false

The WTO does not have the power to hear disputes involving member states.

false

The news media are liable for the defamatory untruths they print about public officials and public figures even if they were published without malice or with regard for the truth.

false

The only defense to a claim of defamation is that the defaming statement arose from privileged communications.

false

To enter another's land without consent or to remain there after being asked to leave constitutes the tort of battery.

false

To prevail in a case for disparagement, a plaintiff does not need to establish the falsity of the defendant's statements.

false

Written defamation is termed slander.

false

Another term for malicious prosecution is __________.

false arrest

A(n) __________ is an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury.

fraud

Which of the following torts consists of the publication of untrue statements that disparage a business owner's product or its quality?

injurious falsehood

Many advertisers have been required to pay damages to individuals after using their pictures, without authorization, to promote products. In such situations, which of the following torts did these advertisers commit?

invasion of privacy

Which of the following statements is true of tort law?

it sets limits on how people can act and use their resources

FG Tires Corporation supplies two-thousand tires to a car manufacturing company. One hundred of the tires supplied are defective and cause several vehicle accidents. In this case, FG Tires is most likely to be prosecuted on the basis of __________.

strict product liability

False imprisonment is defined as__________.

the intentional unjustified confinement of a nonconsenting person

One of the tort reforms proposed or passed by the states includes providing for the presumption of reasonableness defense in product design cases in which the product meets __________.

the state-of-the-art

According to __________, after a specified period of time following product sale, a plaintiff would no longer be able to bring a lawsuit for product-related injuries.

the statute of repose