LES 305 Exam 2

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

actual damages

Proximate cause

aka called legal cause

MacPherson Rule

allows for liability for negligently manufactured products to include any injuries to persons and not just to the actual purchaser

Product Liability

refers to the liability of any seller of a deceptive good that harms a consumer.

Which of the following circumstances are required for tort law to apply

when one party's actions unintentionally cause harm, and when one party does not act reasonably.

Suspect retail theft

A claim for false Imprisonment in the commercial setting commonly presents itself in cases of:

merchant's privilege is limited to

The merchant's premises and immediately adjacent area

Article 2 of the Uniform Commercial Code (UCC) contains special provisions that apply only in transactions between merchants.

True

The UCC permits a contract to be considered formed entirely by the parties' conduct even if no definite time of formation can be determined.

True

The good faith provision of the Uniform Commercial Code (UCC) imposes a duty of good faith and commercial reasonableness as the bedrock of any sales contract.

True

The underlying policy of the Uniform Commercial Code (UCC) is to promote commercial efficiency by providing standardized procedures, which merchants and consumers may rely upon.

True

UCC gap fillers will not be used and are not applicable to contracts when the contract clearly specifies a contract term or condition.

True

Manufacturing Defect

is one in which there is a foreseeability risk of harm presented by the product and an alternative design could have avoided the risk.

intentional tort

is one where the tortfeasor's actions were willful

Foreseeability

most courts favor defining the scope of risk in negligence cases by

Injured party

must prove all elements of negligence to be successful.

Comparative Negligence

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

Intentional tort

tort of contact inferences is an

The _____must prove the elements of the defense of assumption of the risk.

tortfeasor

Tort of Defamation

occurs when a false statement is published that harms another reputation.

Tortfeasor

one who commits a tort

Strict Liability

neither intent nor negligence need to be proven in what types of causes

Nonfeasance

in tort law, the failure of one party to act or intervene in a certain situation is known as

Examples of Negligence

Breaching the duty of care owed

Tort

a civil wrong where one part has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party.

Material fact

a claim for fraudulent misrepresentation requires the misrepresentation of an

Trade Libel

a competitor makes a false statement that disparages a competing product, the injured business may sue for