Chapter 42: Torts and Products Liability

Tort law also applies when one party fails to act _______ and harm occurs, even though that party did not intend for harm to occur.

reasonably

A tortfeasor (defendant) can assert the defense of _______ when the plaintiff knows that a substantial and apparent risk is associated with certain conduct, and the plaintiff proceeds anyway.

assumption of the risk

A merchant's privilege is limited by: ______.

coercion for payment location length of detention

Generally, tort law is governed by _______ law principles and the _______ of Torts.

common Restatement

Tort law is intended to compensate injured parties for losses resulting in harm from some _______ conduct by the _______.

unreasonable, tortfeasor

Privilege can be either _______ (defendant need not offer any further evidence to assert the defense), or _______ (defendant offers evidence of good faith with no malice).

absolute, qualified

In order for an injured party to recover damages for tortious interference with contract, the tortfeasor must have : ________.

actively interfered with the contract caused specific damages to the injured party specific knowledge of the contract

The following are all factors in defining what may constitute an abnormally dangerous activity: _______.

activity involves a high degree of risk of some harm location of the activity eliminate risk by exercising reasonable care

A(n) _______ is a defense that gives the merchant the right to briefly detain a suspected shoplifter as long as the merchant _______ the suspected shoplifter.

merchant's privilege does not coerce

Torts fall into one of three general classes: _______.

negligence intentional torts strict liability

In a products liability case, the plaintiff has the option of three different legal theories she may pursue against the tortfeasor: _______.

negligence warranty strict liability

In the tort of negligence, the element of ________ is whether there was a link between the breach of duty and the damages suffered by the injured party. Multiple choice question.

proximate cause

One of the key elements to prove defamation is _________ or dissemination to a third party.

publication

Business managers may encounter tortious interference with contracts in the context of _______.

restrictive covenants

The tort of negligence has specific elements, including: _______.

Breach of Duty Duty Causation Damages

If a product is proven to _______, a plaintiff need only show that the defective product was the cause of the injuries and that the product caused an actual injury that resulted in damages.

be unreasonably dangerous

If the plaintiff's conduct play a factor in the harm suffered, the Restatements allow the defendant to assert the defense of _______ negligence and apportion the damages accordingly.

comparative

________ negligence holds that even 1 percent of negligence on the part of the plaintiff is a complete bar to any plaintiff recovery.

Contributory

_______ is recognized as a tort when the innocent party relies on a material misstatement of fact in a contract and suffers a pecuniary loss.

Fraud

Under the _______ rule, one who negligently manufactures a product is liable for any injuries to persons (and, in some limited cases, property) proximately caused by the negligence.

MacPherson v. Buick

_______ refers to the liability of any seller (including the manufacturer, retailer, and any intermediary seller such as a wholesaler) of a product that, because of a defect, causes harm to a consumer.

Product liability

Suppose Harry purchases a new Ford truck from a dealer. Two weeks later Harry is injured when the wheel breaks on the highway, causing Carol in another vehicle to be injured. Under the MacPherson rule, is Ford liable for Carol's injuries?

Yes, if Harry can prove negligence, Ford will be liable for Carol's injuries as well.

Contract law allows a contract to be canceled if a party makes false representations concerning _______.

a material fact

The Restatement set out a six-factor test for ________ activities that may trigger strict liability.

abnormally dangerous

A public figure must provide evidence that a defamer had '_______' the statement was false or had a _______ for the truth.

actual knowledge, reckless disregard

The Greenman v. Yuba Power Products case held that "a _______ is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a _______ which causes injury to a human being."

defect manufacturer

A tortfeasor may be held strictly liable in cases primarily involving _______ and _______ activities.

defective products abnormally dangerous

Strict liability is recognized in the Restatements primarily for _______ and for _______.

defective products abnormally dangerous activities

Courts only allow recovery for tortious interference with prospective advantage under limited circumstances where the tortfeasor's conduct was _______.

highly anticompetitive

Generally, defamation can include ______ or _______.

libel slander

Courts allow recovery for misrepresentations that are not intentional but are _______ misrepresentations in business relationships.

negligent

A defendant in a defamation case may avoid liability if the defamatory statement was _______. Multiple choice question.

privileged

Laws based on the Restatements that cover individuals who are injured by a product are known as ______ laws.

product liability

If a defamation victim is a _______, such as a candidate for political office, the defamation must have been committed with _______ or reckless disregard for the truth.

public figure, malice

The Restatements of Torts provide for __________, in cases where neither intent nor negligence need be proved.

strict liability

If tomatoes leave the processing plant in a reasonable condition (not dangerous) and then are contaminated or damaged in the next stage of the commercial chain of delivery, the resulting harm may not make the manufacture liable for ______ but make the manufacturer liable for _______.

strict liability, negligence

The most appealing option for pursuing a products liability case is the doctrine of _______, because the injured party need not prove the elements of _______.

strict liability/negligence

In order for strict liability to apply, the product must reach the end user without _______ change.

substantial

A(n) _______ is a _______ wrong in which 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. Multiple choice question.

tort, civil

An injured party may sue for _______ when a competitor makes a false statement that disparages a competing product. Multiple choice question.

trade libel

Negligence occurs when a tortfeasor causes harm to an injured party by creating an _______ risk of harm, regardless of the tortfeasor's _______.

unreasonable, intent

A tortfeasor (defendant) can claim assumption of the risk if the plaintiff should have known about the risk, but _______ in the activity.

voluntarily participated

Historically, _______ laws were important protection for purchasers of products because they imposed liability even in the absence of negligence.

warranty

Trade libel requires that the allegedly defamatory statement is made _______ or that the statement shows reckless disregard for the truth.

with knowledge that the statement was false