MGT 200 Chapter 9

care

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

resonableness

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

implied

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

misuse

Failing to use a product in a manner that an ordinarily prudent person would have is the defense of product _______.

unreasonably

Failure to warn may render a product _________ dangerous.

intentional

False imprisonment falls into which tort category?

a, b

In the context of negligent conduct, which of the following circumstances are required for tort law to apply? (Check all that apply.) Multiple select question. a. When one party does not act reasonably b. When one party's actions unintentionally cause harm c. When one party completes its contractual requirements d. When one party suffers monetary loses as a result of its own actions

intentional

A ________ tort is one where the tortfeasor's actions were willful.

strict

A category of tort where liability will be imposed, regardless of intent or willfulness, is called _________ liability

suspected retail theft

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

material

A claim for fraudulent misrepresentation requires the misrepresentation of a(n) __________ fact.

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.

injured

The ______ party must prove all elements of negligence to be successful.

MacPherson

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

restatements

The _________ 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 mase the [tortfeasor's] conduct tortious.

Second

The __________ Restatements of tort law have the benefit of volumes of case law and wide acceptance.

proximate

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

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: ______.

breach

The failure to meet obligation when there is a duty to do so is called a(n) _________ of duty in a negligence case.

duty

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

compensate the victim

The goal of tort law is to:

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 _________.

mental

The plaintiff may not recover in a negligence case if the damages are limited to ________ and/or emotional harm.

intentional

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

True

The tort of trade libel requires that the statement be a clear and specific reference to the disparaged party or product. True or False?

five

There are ________ fundamental elements to a negligence claim.

harmed

To qualify as a defamatory statement, the victim's reputation must be:

misfeasance, nonfeasance

Tort law allocates liability based on a fundamental difference between _______ or somme act by one party that harms or endangers another party, and ___________ or the failure to act or intervene in a certain situation.

products liability

Torts involving harm caused by defective products is called: ______.

comparative

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.

negligence

Violations of safety statutes of referred to as _________ per se.

Truth

Which of the following is a defense to a defamation claim?

Breaching the duty of care owed

Which of the following is an element of negligence? a. Breaching the terms of a contract b. Breaching the covenant of quiet enjoyment c. Breaching the peace d. Breaching the duty of care owed

defective

Improper packaging can render a product unreasonably dangerous and thus:

tortfeasors

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

designed

A product may be defective if not manufactured or ______ properly.

express

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

design

A(n) _______ 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.

tort

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

a high degree of risk of harm

Abnormally dangerous activities typically include activities that involve: ______.

misfeasance

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

special

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.

the thing speaks for itself

Res ipsa loquitur is Latin for:______.

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.

foreseeability

Most courts favor defining the scope of risk in negligence cases by: ______.

created a danger outside the reasonable consumer expectations

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

damages

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

For the most part, tort law is found in state __________ law.

fraud

Fraudulent misrepresentation is also referred to as:

trade

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

assumed

If an injured party knows or should know of a risk associated with a product, but they continue to use the product anyway, the injured party has ______ the risk.

Negligence, warranty, or strict liability

If someone is injured by a defective product, she can pursue the following as possible causes of action: Multiple choice question.

strict

In addition to negligence and warranty theory, an injured consumer may also recover under a(n) __________ liability theory for harm caused by defective products.

reasonable conduct

In general, the scope of the duty of _________ ________ is defined by foreseeability.

unreasonable

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

unreasonable

Law of negligence impose liability when one's conduct is:

damages

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

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:_______.

legal

Proximate cause is also referred to as ________ cause.

product misuse

______ is a defense to a products liability claim.

assumption of the risk

______ is a defense to a strict liability claim.

libel

_______ is written defamation

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.

Slander

_________ is spoken defamation.

libel

_________ is written defamation.

Truth

__________ is an absolute defense to a defamation claim.

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.

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.