Chapter 9 Q's
strict
A category of tort where liability will be imposed, regardless of intent or willfulness, is called
tortfeasor
A concern with the but-for test is that it may result in holding the _____________ responsible for damages beyond the scope of their breach of the standard of care.
reasonableness
Courts use a __________ standard to determine whether landowners should have acted to prevent a risk to parties who come on their land.
was outside the reasonable consumer's expectations.
For a party to recover for an injury caused by a product, the product must have been defective and must have created a danger that: ____________________
When one party does not act reasonably When one party's actions unintentionally cause harm
For negligent conduct, what circumstances are required for tort law to apply?
breach of duty
If a party fails to satisfy its obligations to another party, this is known as a: ______.
dram shop
Laws that impose liability on owners and employees of public establishments where alcohol is served are called ________ laws.
But-for test
Most courts use which test when establishing a causal link between breach of duty and damages?
certain common areas
Once a landowner becomes a landlord and she gives possession of the property to the tenant, the landlord is generally not held liable except for:_______.
Dissemination
One element of defamation
legal
Proximate cause is also referred to as ________ cause.
defective, unreasonably
Section 402A of the Restatement imposes strict liability on the seller so long as the injured party can show that the product was in a(n) ______ condition and that the defect rendered the product ______ dangerous.
second
The ______ Restatements of tort law have the benefit of volumes of case law and wide acceptance.
tortfeasor
The ______ must prove the elements of the defense of assumption of the risk.
injured
The _____________ party must prove causation and damages once it is established that a product is unreasonably dangerous.
mental
The plaintiff may not recover in a negligence case if the damages are limited to _______ and/or emotional harm.
five
There are ______ fundamental elements to a negligence claim.
Libel
_______ is written defamation
punitive
_____________ damages are designed to punish the tortfeasor and are usually only awarded when conduct was extremely reckless or wanton.
tort
a civil wrong where one party has committed an act that causes another to suffer harm.
intentional
false imprisonment is what category of tort?
Assumption
of duty, another exception to the no general duty to act/rescue, occurs when one party voluntarily begins to render assistance even when there is no legal obligation to do so.
misfeasance
According to tort law, an act by one party that harms or endangers another, is known as:
Cause in fact
Which of the following describes the link between the breach of standard of care and the damages suffered by the injured party?
Overly broad
Which of the following is a limitation of the but-for test?
design
A _____________ 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. (Please use one word per blank.)
defamatory
A false or untrue statement concerning another's reputation or honesty is referred to as a(n) ___________ statement.
special
An injured party generally may not hold a defendant liable for nonfeasance unless the parties were in a(n) _______ relationship as defined by law.
tortfeasor
Proximate cause tends to protect the ________ from far-reaching liability
products liability
The area of law covering harm caused by defective products is called: ______.
comparative negligence
The defense where the tortfeasor asserts that the injured party's conduct has played a factor in the harm suffered is known as: ______.
reasonable and prudent
The law imposes a general duty on all people to act in a(n) ___________ manner under the circumstances.
instructions
The law requires products to carry sufficient warnings and _____________.
misfeasance, nonfeasance
Tort law allocates liability based on a fundamental difference between ______ or some act by one party that harms or endangers another party, and ______ or the failure to act or intervene in a certain situation.
that are in plain view
Under the merchant's privilege, the merchant may seize stolen items: _______
Assumption of Risk
______ defense is used when the defendant must prove that the injured party knew that a substantial and apparent risk was associated with certain conduct and the party voluntarily proceeded with the activity anyway.
strict
________ liability is usually available for abnormally dangerous activities and for defective products.