MGT 340 homework up to exam 3

Which of the following individuals is protected against defamation claims through a qualified privilege?

A non-government official who relies on and cites an official public document while making a public allegation.

T/F: A failure to act can never be considered a tort, even if it causes a loss to or injury to another party.

False - A tort is a civil wrong where one party has acted or, in some cases, failed to act, and that action or inaction causes a loss to be suffered by another party. The law provides a remedy for one who has suffered an injury by compelling the wrongdoer to pay compensation to the injured party.

T/F: Oliver is a retailer who sells outdoor equipment and gear. Oliver is unaware that one of the insect repellent brands he sells can cause a dangerous allegoric reaction, particularly in children. Because Oliver did not actually know that the repellent was dangerous, a court could not impose strict liability on Oliver.

False - In this situation, Oliver could still be liable for a strict liability tort. Strict liability torts, in which a tortfeasor may be held liable for an act regardless of intent or willfulness, applies primarily in cases of defective products and abnormally dangerous activities. A retailer, who is unaware of the potential danger his products might cause, can still be liable if his products cause actual damage.

T/F: In the absence of a manufacturing or design defect, the mere failure to warn cannot render a product unreasonably dangerous.

False - ailure to warn may render a product unreasonably dangerous even in the absence of any manufacturing or design defects. One common category of inadequate-warning cases involves prescription drugs, but the theory of unreasonable danger applies to all products that carry some danger in use

T/F: Employees of print media organizations are afforded a qualified protection from defamation liability so long as they have acted in good faith and without malice

True - Employees of media organizations (e.g., television, radio, periodicals) are afforded a qualified protection from defamation liability. So long as the media have acted in good faith, without malice, and without a reckless disregard for the truth, the media is protected from liability through privilege as a defense for unintentional mistakes of fact in their reporting.

Elise was injured when her Proper Pour coffee pot spontaneously shattered. Elise may pursue a products liability claim against Proper Pour under all of the theories of liability listed below, except

assumption of risk

The intentional touching of another person, without that person's consent, in a harmful or offensive manner is called _____.

battery

To prove a defamation claim, plaintiff must prove that the defendant's statement was

provably false

T/F: Products liability laws that cover individuals who are injured by a product may take the form of state common law or state statutes.

true

Under the doctrine of res ipsa loquitur, the injured party can prove a negligence claim by

using the facts of the case to create a presumption of negligence.