chapter 42

Laws based on the Restatements that cover individuals who are injured by a product are known as ______ laws.

product liability

In the tort of negligence, the element of ________ is whether there was a link between the breach of duty and the damages suffered by the injured party

proximate cause

If a defamation victim is a _______, such as a candidate for political office, the defamation must have been committed with _______ or reckless disregard for the truth.

public figure, malice

One of the key elements to prove defamation is _________ or dissemination to a third party.

publication

A duty can be a general obligation to act in a(n) _______ manner so as not to put another in harm's way

reasonable

Tort law also applies when one party fails to act _______ and harm occurs, even though that party did not intend for harm to occur.

reasonably

If a plaintiff (former patient) of Dr. Franks introduces x-rays of instruments left in her abdomen after a procedure, she could argue ______

res ipsa loquitur

Business managers may encounter tortious interference with contracts in the context of _______.

restrictive covenants

The Constitution limits agency actions that violate the _______ Amendment against unreasonable searches or seizures or the _______ Clause, which protects fundamental expectations of fairness.

Fourth, Due Process

_______ is recognized as a tort when the innocent party relies on a material misstatement of fact in a contract and suffers a pecuniary loss

Fraud

_______ is recognized as a tort when the innocent party relies on a material misstatement of fact in a contract and suffers a pecuniary loss.

Fraud

Torts fall into one of three general classes: _______.

strict liability negligence intentional torts

Contract law allows a contract to be canceled if a party makes false representations concerning _______

a material fact

A tortfeasor may be held strictly liable in cases primarily involving _______ and _______ activities

abnormally dangerous defective products

Privilege can be either _______ (defendant need not offer any further evidence to assert the defense), or _______ (defendant offers evidence of good faith with no malice).

absolute, qualified

In order for an injured party to recover damages for tortious interference with contract, the tortfeasor must have : ________.

actively interfered with the contract specific knowledge of the contract caused specific damages to the injured party

A public figure must provide evidence that a defamer had '_______' the statement was false or had a _______ for the truth.

actual knowledge, reckless disregard

If one party owes another a legal duty, then failing to meet these obligations is known as a(n) _______

breach of duty

After establishing a breach of duty, the plaintiff must prove that the tortfeasor's conduct was the _______ of the damages suffered by plaintiff.

cause in fact

Generally, tort law is governed by _______ law principles and the _______ of Torts.

common restatement

A(n) _______ is a defense that gives the merchant the right to briefly detain a suspected shoplifter as long as the merchant _______ the suspected shoplifter. (Choose two best answers)

does not coerce merchant's privilege

In order to prevail in a negligence case, the plaintiff's damages cannot be based on _______ harm alone.

emotional mental

The statutes that create an agency or give the agency explicit authority to implement a statute are called _______ statutes.

enabling

When Congress authorizes an existing agency or creates a new administrative agency, it passes a federal law called a(n) _______ statute.

enabling

The law recognizes an individual's reputation as a valuable asset and imposes liability on a party that makes _______ and _______ statements affecting another party's reputation.

false defamatory

In order to show that a superseding act limits a tortfeasor's liability, the element of ________ must be proven.

foreseeability

The law imposes a general duty on everyone to act reasonably and the scope of that duty is defined by _______.

foreseeability

Courts only allow recovery for tortious interference with prospective advantage under limited circumstances where the tortfeasor's conduct was _______.

highly anticompetitive

Generally, defamation can include ______ or _______.

libel slander

A merchant's privilege is limited by: ______.

location length of detention coercion for payment

Tort law allocates liability based on a fundamental difference between _______ (an act by one party that harms or endangers another party) and _______ (the failure to act or intervene in a certain situation).

misfeasance, nonfeasance

A(n) _______ is a _______ wrong in which one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party.

tort, civil

An injured party may sue for _______ when a competitor makes a false statement that disparages a competing product.

trade libel

Negligence occurs when a tortfeasor causes harm to an injured party by creating an _______ risk of harm, regardless of the tortfeasor's _______.

unreasonable, intent

Tort law is intended to compensate injured parties for losses resulting in harm from some _______ conduct by the _______

unreasonable, tortfeasor

Courts allow recovery for misrepresentations that are not intentional but are _______ misrepresentations in business relationships.

negligent

Injured parties generally may not recover for ______, unless the parties had a(n) special relationship each other.

nonfeasance

The 'reasonable prudent person' standard emphasizes that the conduct must be _______ reasonable.

objectively

Trade libel requires that the allegedly defamatory statement is made _______ or that the statement shows reckless disregard for the truth.

with knowledge that the statement was false

The _______ Act is a federal statute that imposes specific procedural requirements on administrative agencies' various functions, and provides for the _______ of agency actions and determinations.

Administrative Procedure, judicial review

The tort of negligence has specific elements, including: _______

Damages Causation Duty Breach of Duty

The tort of negligence has specific elements, including: _______.

Damages Duty Causation Breach of Duty

To prove a legal causation, the plaintiff must prove that the tortfeasor's:_______ and _______.

liability was not canceled due to a superseding cause conduct was the closest-in-proximity to causing the damages

The initial consideration in a negligence analysis is whether the tortfeasor owed the injured party a(n) _______

legal duty

A defendant in a defamation case may avoid liability if the defamatory statement was _______

privileged

A defendant in a defamation case may avoid liability if the defamatory statement was _______.

privileged