legal buss. chap 9

there are ___ fundamental elements to a negligence claim

5

Which of the following is an element of defamation?

Dissemination

Which of the following are elements of negligence?

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

In an action for trade libel, the one making the defamatory remark is the injured party.

False Reason: The injured party in an action for trade libel is the business whose product was defamed.

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 a defective product, she can pursue the following as possible causes of action:

Negligence, Warranty, Or Strict Liability

damages are designed to punish the tortfeasor and are usually only awarded when conduct was extremely reckless or wanton.

Punitive

Which of the following gives members of Congress protection from liability for any statements made during a congressional debate?

Speech and debate clause

In the context of negligent 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

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

absolute

Judicial officers, when participating in a judicial hearing, are given ______ protection.

absolute privilege

Physical harm derived from an injury caused by the tortfeasor is called ________ damages

actual

_________ 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.

assumption

______ is a defense to a strict liability claim.

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.

assumption of the risk

Which of the following is an element of negligence? Multiple choice question.

breaching the duty of care owed

Most courts use which test when establishing a causal link between breach of duty and damages?

but-for test

Courts have determined that manufacturers have a duty of ______ when designing, manufacturing and inspecting products.

care

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:_______.

certain common areas

For the most part, tort law is found in state _____ law

common

Under _______ negligence, the jury will apportion fault among the parties and reduce the plaintiff's overall award by the percentage of harm caused by the plaintiff's own actions.

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 consumer to recover, she must prove the product was defective and:______.

created a danger outside the reasonable consumer expectations.

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

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

damages

Medical bills, lost wages, and pain and suffering are examples of: ______.

damages

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

defamation

Improper packaging can render a product unreasonably dangerous and thus:

defective

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.

defective, unreasonably

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.

design, designed, manufacturing, manufactured

Laws that impose liability on owners and employees of public establishments where alcohol is served are called ________ laws.

dram shop

The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal ______ to the injured party.

duty, responsibility, or obligation

A representation of fact about a product is a(n)_______ warranty

expressed

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 ____

fair report privilege

In an action for trade libel, the one making the defamatory remark is the injured party.

false

The intentional infliction of confinement upon another party is: __________.

false imprisonment

In general, the scope of the duty of care is defined by:

foreseeability

__________ has been extended by the states to protect state legislators for statements made in the course of carrying out their duties.

immunity

Even if an express warranty does not exist, the UCC provides that an injured consumer may still recover under the ______ warranty theory.

implied

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

inherently dangerous

the _____ party must prove all elements of negligence to be successful.

injured or harmed

The law requires products to carry sufficient warnings and:

instructions

False imprisonment falls into which tort category?

intentional

The tort of contract interference is a(n) Blank______ tort. Multiple choice question.

intentional

Fraudulent misrepresentation is a(n):

intentional tort.

slander

is spoken defamation

Damages allowed for spouses or children of parties injured by negligence are called ________ damages.

loss of consortium

If the victim of defamation is a public figure, the defamation must have been committed with ___________ or reckless disregard for the truth.

malice

privilege shields a merchant from reasonably detaining a party suspected of shoplifting.

merchant

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

misfeasance

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.

misfeasance, nonfeasance

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

An injury caused by an accident or which occurs without willful intent is called a(n) ______ tort.

negligence

Violations of safety statutes are referred to as: ______.

negligence per se

Which of the following is a limitation of the but-for test?

overly broad

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.

personal

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

potential

____________ is a defense that recognizes either a legal or public policy-based immunity from a defamation claim.

privilege

A(n) _______ statute is intended to protect a state's agricultural, dairy, or beef industries.

product disparagement

______ is a defense to a products liability claim.

product misuse

The area of law covering harm caused by defective products is called:

products liability

The broad sweep of the but-for-test requires another step in the analysis, often referred to as the _______ (legal) cause test.

proximate

So long as the media acts in good faith, without malice, and without a reckless disregard for the truth, the media will enjoy _______ protection from defamation liability.

qualified

________ privilege is where the defendant must offer evidence of good faith and be absent of malice to be shielded from

qualified

Landowners owe a general duty to parties off the land from any _____ risks to them caused by something on the land.

reasonable

The law imposes a general duty on all people to act in a(n) ___________ manner under the circumstances.

reasonable and prudent

Courts use a __________ standard to determine whether landowners should have acted to prevent a risk to parties who come on their land.

reasonableness

_______ _______ _______ is 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.

res ipsa loquitur

__________ define proximate cause as that which helps draw the line that determines when a tortfeasor is "not liable for harm different from harms whose risk made the [tortfeasor's] conduct tortious".

restatements

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

____________ 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

An intervening act that adds to the plaintiff's injury and normally takes place after the tortfeasor's negligent act is referred to as a(n): ______.

superseding cause.

A claim for false imprisonment in the commercial setting commonly presents itself in cases of: _____.

suspected retail theft.

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

that are in plain view.

In proving proximate cause, the injured party must also show that the tortfeasor's conduct was ______ cause of the injured party's damages, and that the tortfeasor's liability was not canceled due to______.

the closest-in-proximity, a superseding cause

Dissemination to a third party, a requirement of the defamation law, requires that _____.

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

The merchant's privilege is limited to: ______.

the merchant's premises and immediately adjacent area.

Res ipsa loquitur is Latin for:______

the thing speaks for itself.

A(n)_______ is a civil wrong where one party has committed an act that causes another to suffer harm.

tort

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.

tortfeasor

One who commits a tort is referred to as the: ______.

tortfeasor.

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

Laws of negligence impose liability when one's conduct is: __________.

unreasonable

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: ______.

was outside the reasonable consumer's expectations.