Smartbook Ch. 9 Legal Studies
The ____ Restatements of tort law have the benefit of volumes of case law and wide acceptance
Second
Abnormally dangerous activities typically include activities the involve:
a high degree of risk of harm
Courts have determined that police officers are:
care
For the most part, tort law is found in state ____ law.
common
under __________ negligence, damages are reduced in proportion to the degree of negligence.
comparative
The defense where the tortfeasor asserts that the injured party's conduct has played a factor in the harm suffered is known as: ______.
comparative negligence
the goal of tort law is to:
compensate the victim
For an injured party to be successful on a claim for contract interference, the injured party must prove that the tortfeasor had knowledge of the contract, actively interfered with the contract, and caused identifiable ____ to the injured party
damages
Which of the following are elements of negligence?
duty, breach, cause in fact, legal cause, and damages
a representative of fact about a product is a(n) ____ warranty
express
the international infliction of confinement upon another party is:
false imprisonment
Fraudulent misrepresentation is also referred to as:
fraud
Even if an express warranty does not exist, the UCC provides that an injured consumer may still recover under the __ warranty theory
implied
the ____ party must prove all elements of negligence to be successful
injured
False imprisonment falls into which tort category?
intentional
a(n) ______ tort is one where the tortfeasor's action were willful
intentional
the tort of contract interference is a(n) ____ tort
intentional
____ is written defamation
libel
If the victim of defamation is a public figure, the defamation must have been committed with ____ or reckless disregard for the truth
malice
A claim for fraudulent misrepresentation requires the misrepresentation of a(n) ____ fact
material
An injury caused by an accident or an event which occurs without willful intent is called a(n) ___ tort
negligence
torts involving harm caused by defective products is called:
product liability
_____ liability is usually available for abnormally dangerous activities and for defective products
strict
in addition to negligence and warranty theory, an injured consumer may also recover under a(n) _____ liability theory for harm caused by defective products
strict
Neither intent nor negligence need be proven in what types of cases?
strict liability
One who commits a tort is referred to as the:
tortfeasor
If a competitor makes a false statement that disparages a competing product, the injured business may sue for ____ libel.
trade
____ is an absolute defense to a defamation claim
truth
the ____ rule that allows for liability for negligently manufactured products to include any injuries to persons and not just the actual purchaser.
MacPherson
If someone is injured by defective product, she can pursue the following as possible causes of action:
Negligence, Warranty, or Strict Liability
In the context of negligence conduct, which of the following circumstances are required for tort law to apply?
When one party does not act reasonably When one party's actions unintentionally cause harm
_____ liability refers to the liability of any seller of a defective good that harms a consumer
products
Celebrities and political candidates would be examples of: ______.
public figures
_____ is spoken defamation
slander
The tort of trade libel requires that the statement be a clear and specific reference to the disparaged party or product.
true
which of the following is a defense to a defamation claim?
truth
Laws of negligence impose liability when one's conduct is:
unreasonable
An injured consumer may recover under strict liability if the injured consumer can prove that the product was defective and the defect made the product ______ dangerous.
unreasonably