Chapter 9: Torts and Products Liability
MacPherson Rule
allows for liability for negligently manufactured products to include any injuries to persons and not just the actual purchaser
negligence tort
an injury cause by an accident or an event which occurs without wiliful intent is called
duty of care
courts have determined that manufacturers have ()()() when designing, manufacturing, and inspecting products
Tortfeasor
one who commits a tort is referred to as the
True
T or F? The tort of trade libel requires that the statement be a clear and specific reference to the disparaged party or product
Duty, Breach, Cause in Fact, Legal Cause, and Damages
Which of the following are elements of negligence?
implied warranty theory
even if an express warranty does not exist, the UCC provides that an injured consumer may still recover under the
breach of duty
failure to fulfill obligations to another party is called
intentional infliction of confinement
false imprisonment falls into which tort category?
negligence, warranty, strict liability
in a products liability case, the injured party may pursue a legal remedy against the seller under one of the three theories
intentional tort
is one where the tortfeasors actions were wiliful
slander
is spoken defamation
libel
is written defamation
injured party
must prove all elements of negligence to be successful
comparative negligence
the defense where the tortfeasor asserts that the injured partys conduct has played a factor in the harm suffered is known as
legal duty
the first step in analyzing a negligence claim is to determine whether the tortfeasor owed a ()() to the injured party
reasonably prudent
the law imposes a general duty on all people to act in an () manner under the circumstances
res ipsa loquitur
the legal doctrine that allows a plaintiff to create a presumption of negligence against the defendant by inferring negligence in the absence of actual evidence
intentional tort
the tort of contract interference is
reasonableness standard
to determine whether landowners should have acted to prevent a risk to parties who come on their land
negligence per se
violations of safety statutes are referred to as
reasonable conduct
in general, the scope of the duty of ()() is defined by forseeability
express warranty
when the seller makes a representation of fact about a product, this is known as an
compensate the victim
the goal of tort law is to
When one partys actions unintentionally cause harm; when one party does not act reasonably
In the context of negligence conduct, which of the following circumstances are required for tort law to apply?
suspected retail theft
a claim for false imprisonment in the commercial setting commonly presents itself in cases of:
material fact
a claim for fraudalent misrepresentation requires the misrepresentation of
unreasonable risks
landowners owe a general duty to parties off the land from any ()() to them caused by something on the land
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
damges or losses
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
Common Law
for the most part, tort law is found in state
fraud
fraudulent misrepresentation is also referred to as
Second Restatement of the Law of Torts
have the benefit of volumes of case law and wide acceptance
trade libel
if a competitor makes a false statement that disparages a competing product, the injured business may sure for
malice
if the victim of defamation is a public figure, the defamation must have been commited with () or reckless disregard for the truth
the closest-in-proximity, a superseding cause
in proving proximate cause, the injured party must also show that the tortfeasors conduct was () cause of the injured partys damages, and that the tortfeasors liability was not canceled due to ()
Nonfeasance
in tort law, the failure of one party to act or intervene in a certain situation is known as
truth
is an absolute defense to a defamation claim
designed/manufacturing 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
unreasonable
laws of negligence impose liability when ones conduct is
certain common areas
omce a landowner becomes a landlord and she gives possession of the property to the tenant, the landlord is generally not held liable except for
actual damages
physical harm derives from an injury caused by the tortfeasor is called
tortfeasor
proximate cause tends to protect the () from far-reaching liability
misfeasance, nonfeasance
tort law allocated liability based on a fundamental difference between () or some act by ine party that harms or endangers another party, and () or the failure to act or intervene in a certain situation
strict liabilty
usually available for abnormally dangerous activities and for defective products