Chapter 10 (Torts and Product Liability)
a fundamental element that must be proved to recover in a negligence lawsuit against a torfeasor where the injured party must prove a legally recognized and close-proximity link between the breach of duty and the damages suffered is called what?
proximate (legal) cause
What are monetary damages, which are generally a multiple of the actual damages, that are awarded partly to punish the tortfeasor and party to deter others from acting in a similar manner called?
punitive damages
Media and employers have which kind of privilege?
qualified privilege
what is a defense to a defamation claim whereby the defendant must offer evidence of good faith and be absent of malice to be shielded from liability called? This is provided for the media and employers.
qualified privilege
successfully asserting comparative negligence ________ the final reward to the plaintiff
reduces
which absolute privilege shields federal officials from liability for any statement made during a congressional debate, hearing, and so on while in office?
speech and debate clause
For the most part, tort law is governed by ________________principles
state common law
The Restatements provide for liability in certain cases where neither intent nor negligence need be proved. This category of tort is known as ____________ and is recognized in the Restatements primarily for abnormally dangerous activities and for defective products.
strict liability
These are the 6 factor test questions the Restatements set out to determine whether abnormally dangerous activities trigger __________________ for any harm caused by the activity. 1) Does the activity involve a high degree of risk of some harm? 2) Is there a likelihood that the harm that results will be great? 3) Is it possible to eliminate the risk by exercising reasonable care? 4) Is the activity relatively common? 5) Is the location of the activity appropriate to the risk? 6) Is there any community value that outweighs the dangerous attributes?
strict liability
the wrongful action or inaction of a tortfeasor is called what?
an influential doccument issued by the Americ
what is a defense claim to claims of negligence in which the injured party knew that a substantial and apparent risk was associated with certain conduct and the party went ahead with the dangerous activity anyway called?
assumption of the risk
If an employee touches another employee, without consent, causing embarrassment, a felling of harassment, or physical injury it is considered what?
battery
a fundamental element that must be proved to recover in a negligence lawsuit against a tortfeasor and which the injured party must prove that the tortfeasor failed to exercise reasonable care in fulfilling her obligations is called what?
breach of duty
There must be a link between breach of duty and damages. This describes what?
cause in fact
Comparative negligence is a cousin to the common law doctrine of _____________, whereby even 1 percent of negligence on the part of the plaintiff was a complete bar to any plaintiff recovery
contributory negligence
Situations in which a victim has lost a valuable client due to the torfeasor's defamation comment or when a victim is unable to secure employment because of a torfeasor's defamatory comment during a reference check are examples of what?
damages
comparative negligence and assumption of the risk are the two primary ____________ to claims of negligence
defenses
Suppose a manager telephones one of his employees and says, "You are the one who stole $100 in petty cash, so you're fired." Because no third party heard this, the ______________dissemination element is missing, so it is not considered defamation.
dissemination
What is a fundamental element that must be proved to recover in a negligence lawsuit against a tortfeasor where the injured party must prove that the tortfeasor owed him a duty of care called?
duty
If one relies on an official public document or a statement made by a public official and, when making an alleged defamatory statement, cites the document or public statement, no cause of action for defamation occurs unless the speaker knows the statement is false. This describes which qualified privilege?
fair report privilege
superseding causes are also defined by what?
foreseeability
If a bill collector contacts a debtor's mother and threatens to physically harm and imprison the son and to put a lien on the mother's house and the mother suffers two heart attacks after the threats persist it is called what?
intentional infliction of emotional distress
What is a narrow privilege, provided for in the Restatements, that shields a merchant from liability for temporarily detaining a party who is reasonably suspected of stealing merchandise called?
merchant's privilege
An act by one party that harms or endangers another party is called what?
misfeasance
What is a civil wrong in which one party's action or inaction causes a loss to be suffered by another party called?
tort
What is the law that is intended to compensate injured parties for losses resulting in harm from some unreasonable conduct by another called?
tort law
What is defined by the Restatements as the "intentional infliction of a confinement upon another party."?
tort of false imprisonment
What is a tort in which a competitor has made a false statement that disparaged a competing product called?
trade libel
The failure to act or intervene in a certain situation is called what?
nonfeasance
If a statement is a(n)_____________ it cannot be considered defamatory, because in order to be considered defamation, a statement must be able to be proved false.
opinion
___________ has amended the Restatements twice, resulting in the Restatement (Second) of Torts and the Restatement (Third) of Torts.
American Law Institute
A federal legislation that extended immunity to ISPs by protecting them from any defamation liability as a "publisher or speaker of any information provided by another information content provider." is called what?
Communications Decency Act (CDA) of 1996
Statutes intended to protect the interest of a state's major industries, such as agriculture, dairy, or beef is called what?
Product disparagement statutes
What is a category of torts in which a tortfeasor may be held liable for an act regardless of intent or willfulness and which applies primarily to cases of defective products and abnormally dangerous activities called?
Strict liability
If the injured party meets all of the requirements of a defamation claim, the defendant may still avoid liability if the defamatory statement falls into which category
privileged statements
Government officials, judicial officers/proceedings and state legislators all have what?
absolute privilege
Alabama, Maryland, North Carolina, and Virginia recognize what?
comparative negligence
False imprisonment is an intentional tort unless the torfeasor is a(n)______________ who temporarily and reasonably detians a suspected thief.
merchant
Limited detention, Limited to premises, Seizure of property but not to search, and no coercing are the guidelines a merchant must follow to gain protection under the what?
merchant's privilege
Defamation, Trade Libel, Fraudulent Misrepresentation, False Imprisonment, and Business Competition Torts are all examples of what?
Intentional business-related torts
What is a category of torts in which the tortfeasor was without willful intent (by accident) in bringing about a particular event that caused harm to another party called?
Negligence
an influential document issued by the American Law Institute that summarizes the general principles of U.S. tort law and is recognized by the courts as a source of widely applied principles of law is called what?
Restatement of Torts
what is a defense to a defamation claim whereby the defendant need not proffer any further evidence to assert the defense and is provided to government officials, judicial officers and proceedings, and state legislatures called?
absolute privilege
In order to recover in a negligence case, the tortfeasor must have caused another party _______________. This means that the party alleging injury must prove that she suffered some type of physical harm derived from an injury caused by the tortfeasor.
actual damages
What is a fundamental element that must be proved to recover in a negligence lawsuit against a tortfeasor where the injured party must prove that she suffered some physical harm that resulted in identifiable losses called?
actual damages
The majority use a simple test, known as __________, to establish a link for the cause in fact.
but for test
For example, Person 1 asks Person 2 whether Person 2's property is properly zoned for a manufacturing facility. In an effort to induce Person 1 to purchase the property, Person 2 misrepresents that the property is zoned for manufacturing. Person 1 then enters into a purchase agreement for the property with a 10% down payment, balance due in 30 days. Person 1 then proceeds to spend money by hiring an architect to visit the site and draw plans for the new facility. The day after the agreement is signed, Person 2 applies to the zoning board for a change in zoning, hoping that it will be changed before person 1 completes the agreement by paying the balance owed. The zoning board does not change the status. In a case against person 2 for fraud, person 1 would be entitled to __________the contract AND ___________ any losses in tort suffered as a result of person 2's fraudulent misrepresentation (such as the money spent on hiring the architect).
cancel, recover
If person 1 sleeps at company 1's inn. During the night person 1 goes out to the balcony and leans on company 1's railing. The railing breaks and person 1 falls to his death. Because of the negligence displayed by company 1' lack of concern for the maintenance of the hand rail, the breach of duty by Company 1 was the _____________ of Donald's injuries
cause in fact
a fundamental element that must be proved to recover in a negligence lawsuit against a tortfeasor where the injured party must prove that except for the breach of duty by the tortfeasor, he would not have suffered damages is called what?
cause in fact
but for (except for) the breach of duty by the tortfeasor, would the injured party have suffered damages. This is to test and see if the tortfeasor's conduct was the _____________ of the damages suffered by the injured party
cause in fact
A worker yells at a customer and starts moving toward the customer in a hostile manner. If the customer reasonably believes that she is about to be struck and she runs away, it is considered what even if she has not actually been touched
civil assault
If person 1 is a talented software programmer and signs a contract with Company 1 for three years. The contract stipulates that person 1 will not work for any of company 1's competitors during that time even if he is terminated or voluntarily resigns from the company. After one year, one of company 1's competitors, company 2, contacts person 1 and attempts to convice him to leave company 1 and work for company 2. During the negotiations, person 1 shows company 2 his contract with company 1, and company 2's manager then offers a higher salary and a $1,000 signing bonus to person 1. Person 1 resigns from company 1 with two years left on his contract and goes to work for company 2. Company 1 must then spend several thousand dollars recruiting and training a new programmer to finish person 1's projects. In this case, many courts would consider holding who liable?
company 2
what is a defense to claims of negligence in which the injured party's conduct has played a factor in the harm suffered and, thus, the proportion of negligence should be divided called?
comparative negligence
The controller of a corporation embezzles corporate funds and covers up discrepancies on the financial statements. In addition to the controller's facing criminal charges, the controller's employer may sue her for_____________ in an attempt to recover the embezzled funds.
conversion
Defamatory statement, Dissemination to a third party, specificity, and damages are the 4 elements a plaintiff must prove in order to recover for what?
defamation
In cases of _________________, the law allows the innocent party to recover if 1) the misrepresentation was a material fact known to be false by the tortfeasor (or was a reckless disregard for the truth), 2) the tortfeasor intended ot persuade the innocent party to rely on the statement, and the innocent party did, in fact, rely on it, and 3) damages were suffered by the innocent party.
fraudulent misrepresentation
When actions exceed standard competitive practices, a company may be liable for __________________ with a contract by a third party if the company had specific knowledge of a contract and intentionally disrupted its proper execution
intentional interference
Suppose that Person A is the delivery van driver for Company 1. One day while on a delivery he spots his archenemy cross the street, so he accelerates his truck and hits him. In this case, person A has committed a(n)________________ or battery
intentional tort
Assume company 1 intends to sabotage company 2's efforts to obtain a new customer through a competitive bidding process. A company 2 employee hacks into company 1's computer and destroys the proposal forms. Company 2 cannot submit the bid before the deadline and, thus, doesn't get the contract. Assuming that company 2 can prove it suffered damages, company 1 could be held liable for what?
interference with prospective advantage
Unless the facts are so obvious as to not raise a question, the determination of proximate cause is a ________ decision
jury
What is written defamation in which someone publishes in print (words or pictures), writes, or, or broadcasts through radio, television, or film an untruth about another that will do harm to that person's reputation or honesty or subject a party to hate, contempt, or ridicule called?
libel
If the victim of defamation is a public figure, such as a candidate for political office or a celebrity, the defamation must have been committed with _____________ or reckless disregard for the truth.
malice
In a negligence case, an injured party may not prevail if the injuries were limited to __________ and or emotional harm alone
mental
One problem in applying the but-for test is its _____________
overreaching broadness
Suppose that person 1 is the owner of several self-service car washes and signs a 2 year agreement with company 1 for the supplying of snack vending machines in the lobby of each of person 1's car washes. Under the contract, person 1 will receive 30 percent of the sales from the machines. Shortly thereafter, person 1 is contacted by a sales rep from company 2 and offered the same terms as the company 1 contract except that person 1 will receive 60 percent of the sales from the machines. Person 1 breaks the contract with company 1 and accepts company 2's contract. Who is liable?
person 1
Laws that cover individuals who a re injured by a product which may take the form of state common law or state statutes that expressly impose liability for injuries that result from products are called what?
product liability laws
In addition to showing that the tortfeasor's breach of duty was the cause in fact of the damages, the injured party must also prove that 1) the tortfeasor's conduct was also the closest-in-proximity cause of the damages and 2) the tortfeasor's liability wasn't canceled due to a superseding cause. These are the requirements for what?
proximate (legal) clause
What concepts protect tortfeasors from liability for far-reaching and out of the ordinary injuries resulting in damages from the tortious act?
proximate (legal) clause
What narrows the broadness of the cause in fact?
proximate (legal) clause
What is oral defamation in which someone tells one or more persons an untruth about another that will harm the reputation or honesty of the person defamed or subject a party to hate, contempt, or ridicule called?
slander
In tort law, a heightened duty created between certain parties, such as that of a common carrier to its passengers, innkeepers to guests, employers to employees, businesses to patrons, a school to students, and a landlord to tenants and landowners is called what?
special relationship
Any general statement about a profession as a whole cannot constitute defamation, but a false statement about a _________ company can.
specific
Which concept is rooted in the notion that the general public benefits when liability is imposed on those who engage in certain activities that result in harm to another party, even if the activities are undertaken in the most careful manner possible (without negligence).
strict liability
Sometimes an intervening event takes place after the tortfeasor's negligent act. the intervening act may also contribute to the negligence by producing additional damages to the injured party. Some (but not all) intervening acts many be the basis for limiting a tortfeasor's liability. these acts are called _____________?
superseding causes
Intentional, negligence, and strict liability are the three categories of what?
tort
Suppose that Person A is the delivery van driver for Company 1. One day while on he is very late for a delivery and carelessly speeds around a turn, accidentally hitting a pedestrian crossing the road. In this case, person A has committed a(n)________________ or battery
tort of negligence
Person A owns a wild animal and it attacks person B. In this case person A has committed a(n)______________________
tort of strict liability
One who commits a civil wrong against another that results in injury to person or property is called what?
tortfeasor
While criminal statutes are intended to punish and deter the wrongdoer, the common law of ______________is primarily intended to provide compensation for the victim
torts
Which tort requires that a statement 1) be a clear and specific reference to the disparaged party or conduct, 2) be made with either knowledge that the statement was false or reckless disregarding the truth, and 3) be communicated to a third party (similar to defamation).
trade libel
if a survey crew mistakenly surveys the wrong property and while working, the crew damages landscaping, then the landowner is entitled to compensation as a result of the crew's _____________
trespass
If an employee takes home his employer's drill for personal use without the employer's permission and with the intent to return it the next morning and he breaks it while using it, the employee is liable for costs of repair/ replacement and any lost profits resulting from the downtime. This describes what?
trespass chattel
What is an absolute defense to a charge of defamation?
truth
