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misrepresentation

In Baxter v. Ford Motor, where Baxter lost an eye because the glass in his car windshield was not shatterproof as Ford had claimed, Ford's liability was based on:

premises liability

In Campisi v. Acme Markets, Campisi was injured when shopping at Acme when she tripped over the white guide cane of a blind employee of Acme. She sued Acme for:

ford was not liable because there wasn't a safer alternative

In Force v. Ford Motor, where Force was injured in an accident despite wearing his seatbelt and harness, and claimed they were defectively designed, the appeals courts held that:

warranty

Strict liability under contract law for injuries caused by defective products is based on the existence of:

prescriptive easement

The Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that:

risk-utility balancing

The Restatement (Third) of Torts on product liability says that when considering a defective product the courts should use:

strict liability in tort

The Second Restatement of Torts Sect. 402A describes:

strict liability in tort

The Supreme Court of California in Greenman v. Yuba Power led in adopting a general rule:

food and drink

The first major application of the doctrine of strict liability for consumer products was in the area of

false imprisonment

The intentional detention of a person

strict liability

The manufacturer of goods is liable in tort to users for foreseeable harms caused by defects in the goods.

asbestos

The most active area of strict liability litigation based on the concept of unknown hazards involves which product?

truth

The most common defense to a claim of defamation

fee simple

The most common form of real property ownership is:

deed

The most common way in which to transfer ownership interests in property is through:

easement

The right of utility companies to run power lines over land and put water lines under private property is based on:

conversion

The tort defined as the intentional and unlawful control or appropriation of the personal property of another is:

slander

The tort involving spoken defamatory communication

libel

The tort of printed or written defamatory communication

negligence

The tort that protects individuals from harm based on careless and unintentional conduct

chattel

Traditionally, personal property was referred to as:

leasehold

If you rent an apartment, the apartment is known as:

tort

a civil wrong, other than a breach of contract

willful misconduct

intentional torts are based on

superseding cause

If causal connection between a person's act and the resulting harm to another is broken by an intervening act or event

violation of public policy

A covenant that is attached to all houses in a neighborhood built in the 1950s states that the houses may not be sold to "members of any minority race." This covenant is

fair market value

If the government forces you to sell 10 acres of your land to the Park Service, the Constitution requires that the government pay

failure to warn

A Pennsylvania court imposed strict liability on a gun manufacturer because of hearing losses caused by long-term users exposed to gunfire. The liability was based on:

due care

(or ordinary) The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The standard of care that the law presumes the reasonable person meets

design defect

A manufacturer of a commercial french-frying machine was sued after someone using the machine reached in to retrieve an item that had fallen out of his shirt pocket. The plaintiff was seriously burned as a result. The appellate court upheld the trial court's decision that imposed liability on the manufacturer based on:

defamation per se

A statement that is presumed by law to be harmful to the person to whom they were directed and therefore requires no proof of harm or injury

comparative negligence

Alex sues Lisa for $60,000 for damages suffered as a result of her negligence because she failed to place a sign on the door of her restaurant warning customers to "Watch Your Step" as they exited the building. A jury awards Alex $40,000 because Alex's intoxication made him 33% responsible for his injuries. Lisa avoided full liability because she showed

negligence

Alicia, talking on her cell phone, foolishly runs off the road and over Eduardo's foot. The tort that Eduardo will most likely initiate is

express warranty

An affirmation of fact or promise made by a seller to a buyer that relates to the goods and becomes part of the basis of the bargain creates a(an):

a burden

An easement is generally described as:

caveat emptor

During the 19th century, parties injured by a defective product, who did not have a contractual relationship with the seller, were under the rule of:

strict liability

During the 20th century, when consumers were injured as a result of using defective products, courts adopted a new legal standard that could apply to such cases, so that negligence was no longer the only standard:

emotional distress

Extreme debt collection tactics, such as late night threatening phone calls, may cause legal action based on the tort of

implied warranty of safety

In Henningsen v. Bloomfield Motors, a New Jersey court allowed a woman to recover damages for injuries she suffered because of brake failure on her husband's car. The theory that the court applied to find strict liability was:

without exception

In MacPherson v. Buick Motor the court held for MacPherson for injuries caused by defective wheels on his Buick. This case allowed for negligence for product liability:

buick was liable for finished product

In MacPherson v. Buick, where the wheel on a new Buick collapsed, causing the car to crash, injuring MacPherson, the court of appeals held that:

safe for public admission

In cases involving businesses, where the public enters the business as a part of doing business, the law presumes the property:

manufacturer and injured party

In cases involving strict liability for product failure based on contract law, the basis of the case is the relationship between which of the following parties?

assault

Intentional conduct that places a person in fear of immediate bodily harm or offensive contact

battery

Intentional physical contact without consent

battery

John refuses to pay his bill due at a store. The store owner grabs John by the shirt, screams in his face and demands the money "or else." John is shaken but unhurt. John would most likely sue for the tort of:

servitudes

Limitations or requirements about the use of property are called

convenant

Linda buys a house in Grover Square. Her deed contains the following: "no homeowner in Grover Square shall erect a fence of any sort (with the exception of buried electronic fences) around his or her property." This clause is:

sophisticated user

One who by experience and expertise is aware of the possible health hazards associated with the use of a product and who has an obligation to inform its employees and customers of potential hazards is referred to as a:

tort against property

When a wrongdoer/tortfeasor harms a person's interest in land or personal possessions, this is referred to as:

misappropriation

When intellectual property, such as copyrights, patents, trade secrets or trademarks, is taken by others without permission, there is a tort of:

prospective advantage

Which interference tort is concerned with a business attempting to improve itself in the market by interfering with another's business in an unreasonable and improper manner

warranty deed

Which of the following are forms of deeds used in at least some states to promise that a clear title to property is being conveyed:

all levels of government

Which of the following has the power of eminent domain?

all are

Which of the following is not a condition needed to establish adverse possession:

furniture

Which of the following is not real property

comparative negligence

damages be decreased based on the amount of plaintiff's injuries caused by plaintiff's own negligence

waste

destruciton of property

title

formal right of ownership

product liability

harms suffered by buyers and other persons who use defective products

casual connection

having this between wrongdoer and the injured party is not needed to prove negligence

mineral rights

may be legally separated from surface ownership

murder

not a category of intentional tort

privity of contract

the relationship that exists between the parties to a contract

purpose of tort

to provide compensation to the injured party by the wrongdoer