LSTD 2016 Chapter 9

loss of consortium damages

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

elements of negligence

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

Qualified privileges

Media, fair report, employers

negligence per se

Violations of safety statutes are referred to 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? Multiple choice question.

Products liability

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

Comparative 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.

Material fact

A claim for fraudulent misrepresentation requires the misrepresentation of a

express warranty

A representation of fact about a product is a

fraud

Fraudulent misrepresentation is also referred to as

absolute privileges

Government officials, judicial offers/proceedings, state legislators

Trade Libel

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

nonfeasance

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

Unreasonable

Laws of negligence impose liability when one's conduct is

dram shop

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

Fair report privileges

One relies on an official public document or statement

Actual damages

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

tortfeasors

Proximate cause tends to protect the ----- from far-reaching liability

false imprisonment

The intentional infliction of confinement upon another party is

intentional

The tort of contract interference is a(n) _____ tort.

4

There are ----- fundamental elements to a negligence claim.

Potential

Tortious interference with a prospective advantage protects against interference with a ------- contract, not one already formed.

Privileged Statements

a defense to a defamation claim.

the MacPherson rule

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

Truth

an absolute defense to a defamation claim.

Punitive

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

privilege

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

speech and debate clause

gives members of Congress protection from liability for any statements made during a congressional debate

Product Disparagement Statute

intended to protect a state's agricultural, dairy, or beef industries.

Res ipsa Loquitur

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.

Assumption of the risk

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 duty

occurs when one party voluntarily begins to render assistance even when there is no legal obligation to do so.

misfeasance

some act by one party that harms or endangers another party

injured

the ---- party must prove all elements of negligence to be successful