Ag Law Unit 2

______ is a defense to a strict liability claim.

assumption of the risk

______ statements are a defense to a defamation claim. a. Collaborative b. Privileged c. Unionized d. Comparative

b. Privileged

________ is spoken defamation.

slander

If someone is injured by a defective product, she can pursue the following as possible causes of action: Negligence Or Warranty Only Negligence, Warranty, Or Strict Liability Warranty Or Strict Liability Only Strict Liability Or Negligence Only

Negligence, Warranty, Or Strict Liability

The tort of trade libel requires that the statement be a clear and specific reference to the disparaged party or product. T or F

True

High End China operates a chain of kitchenware stores. Rockefeller is a guest at one of the stores and trips on a ripped rug near the cash register. High End China owes Rockefeller which of the following special duties? a. A special duty as an invitee. b. A general duty to intervene. c. A general duty as a trespasser. d. A special duty as a social guest. e. A special duty as a landlord.

a. A special duty as an invitee.

Which of the following have an absolute privilege defense to defamation claims? a. Congress b. Correct c. Minors d. The media e. Physicians f. Employers

a. Congress

Which of the following, if untrue and published to a third party, would be defamation? a. Attorneys are evil. b. Politicians are crazy. c. All accountants are crooks. d. Barry Layne is an arsonist.

d. Barry Layne is an arsonist.

The Blank______ Restatements of tort law have the benefit of volumes of case law and wide acceptance. a. Fifth b. Fourth c. Third d. Second

d. Second

Which of the following is a defense to a defamation claim? a. Comparative negligence b. Self-defense c. Assumption of the risk d. Truth

d. Truth

Lost profit or loss of employment would be examples of ________ in a defamation suit.

damages

A false or untrue statement concerning another's reputation or honesty is referred to as a(n) ________ statement.

defamatory

A(n) _________ defect is one in which there is a foreseeable risk of harm presented by the product and an alternative design could have avoided the risk.

design

A product that is ______ is designed and manufactured correctly with adequate warnings, but is still dangerous.

inherently dangerous

A product that is ______ is designed and manufactured correctly with adequate warnings, but is still dangerous. superficially defective conditionally dangerous sequentially defective inherently dangerous

inherently dangerous

The ________ party must prove causation and damages once it is established that a product is unreasonably dangerous.

injured

The law requires products to carry sufficient warnings and _______

instructions

A(n) ________ tort is one where the tortfeasor's actions were willful.

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(n) ________ is one in which there is a foreseeable risk of harm presented by the product and an alternative design could have avoided the risk.

manufacturing

A claim for fraudulent misrepresentation requires the misrepresentation of a(n) ________ fact.

material

According to tort law, an act by one party that harms or endangers another, is known as:

misfeasence

Failing to use a product in a manner that an ordinarily prudent person would have is the defense of product __________

misuse

A claim for negligent misrepresentation is founded in: __________.

negligence

Tortious interference with a prospective advantage protects against interference with a(n) ______ contract, not one already formed.

potential

_____ is a defense to a products liability claim.

product misuse

An injured party generally may not hold a defendant liable for nonfeasance unless the parties were in a(n) _______ relationship as defined by the law.

special

The tortfeasor's wrongful conduct is referred to as ________ conduct.

tortious

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

For the most part, tort law is found in state _________ law.

Common

Government officials fall into the ________ privilege category.

absolute

Under the merchant's privilege, the merchant may seize stolen items: ______.

that are in plain view.

Which of the following are elements of negligence? Obligation, breach, probable cause, false cause, and damages Obligation, violation, illegal action, notable cause, and damages Duty, breach, legitimate cause, actual cause, and damages Duty, breach, cause in fact, legal cause, and damages

Duty, breach, cause in fact, legal cause, and damages

True or false: General untrue statements about a profession or group as a whole are defamation.

False

Historically, _____________ laws have been an important protection for purchasers because they impose liability even in the absence of negligence. Warranty Negligence Strict liability Duty to Warn

Warranty

__________ has been extended by the states to protect state legislators for statements made in the course of carrying out their duties. a. Immunity b. Arbitration c. Condemnation d. Mediation

a. Immunity

A(n) _______ statute is intended to protect a state's agricultural, dairy, or beef industries. a. product disparagement b. product protection c. industry disparagement d. farm improvement

a. product disparagement

Dissemination to a third party, a requirement of the defamation law, requires that _____. a. the false statement must reach the eyes or ears of a third party b. the defamatory statement must have a tendency to damage the reputation of the plaintiff c. the defamatory statement must be about a specific party d. the false statement must be published in print to qualify as an actionable offense

a. the false statement must reach the eyes or ears of a third party

________ privilege is where the defendant need not offer any further evidence to assert the defense.

absolute

Which of the following are not elements of negligence? Duty. Malice. Cause in fact. Intent. a. I and II. b. II and IV. c. I and III. d. III and IV. e. I, II, and III.

b. II and IV.

Products liability laws may take the form of state __________ law or state statutes that expressly impose liability for injuries that result from products. a. securities b. common c. exemptions d. subrogation

b. common

Defamation is a false statement that is published to a third party that results in: ______. a. hurt feelings. b. damages. c. anger. d. inconvenience.

b. damages.

The area of law covering harm caused by defective products is called: ______. a. civil procedure. b. products liability. c. constitutional law. d. criminal procedure.

b. products liability.

Which of the following is an element of defamation? a. True statement b. Physical harm c. Dissemination d. Negligence

c. Dissemination

Celebrities and political candidates would be examples of: ______. a. criminals. b. third party beneficiaries. c. public figures. d. tortfeasors.

c. public figures.

One who commits a tort is referred to as the: ______. a. victim. b. perpetrator. c. tortfeasor. d. criminal.

c. tortfeasor

If one relies on an official public document or a statement made by a public official which unknowingly turns out to be false, no cause of action for defamation based on: ________. a. truth of the matter b. absolute privilege c. actual malice d. fair report privilege

d. fair report privilege

The intentional infliction of confinement upon another party is: __________. a. burglary b. attempted murder c. negligent infliction of emotional distress d. false imprisonment

d. false imprisonment

To qualify as a defamatory statement, the victim's reputation must be: ______. a. impeccable b. in the public light c. improved d. harmed

d. harmed

Employers, in some states, who are providing references for former employees may enjoy a(n) _________ for protection of speech. a. absolute privilege b. formal privilege c. secondary privilege d. qualified privilege

d. qualified privilege

A category of tort where liability will be imposed, regardless of intent or willfulness, is called _______ liability

strict

_______ liability is usually available for abnormally dangerous activities and for defective products.

strict

Strict liability will not apply in a products liability case if there has been a ______ to the product before it reaches the end user.

substantial change