chapter 9 law

Which of the following, if untrue and published to a third party, would be defamation?

Barry Layne is an arsonist.

Failure to fulfill obligations to another party is called a(n) ____________ of duty.

Breach

Which of the following is an element of defamation?

Dissemination

__________ has been extended by the states to protect state legislators for statements made in the course of carrying out their duties.

Immunity

False imprisonment falls into which tort category?

Intentional

________ is written defamation.

Libel

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

Negligence, Warranty, Or Strict Liability

___________ is an absolute defense to a defamation claim.

Truth

Res ipsa loquitur is Latin for

the thing speaks for itself

______ defense 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 the risk

Which of the following is an element of negligence?

Breaching the duty of care owed

Most courts use which test when establishing a causal link between breach of duty and damages?

But-for test

______ statements are a defense to a defamation claim.

Privileged

The goal of tort law is to: ______.

compensate the victim.

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

implied

A(n) __________ tort is one where the tortfeasor's actions were willful.

intuitional

Proximate cause is also referred to as _____________ cause

legal

Failure to warn may render a product _________ dangerous.

unreasonably

__________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

_______, 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

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.

Comparative

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

MacPherson

If the victim of defamation is a public figure, the defamation must have been committed with ___________ or reckless disregard for the truth.

Malice

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

Punitive

_______ ___________ ____________ 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.

Res lpsa Loquitur

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 made the [tortfeasor's] conduct tortious".

Restatements

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

Second

Neither intent nor negligence need be proven in what types of cases?

Strict liability

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

Tort

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

True

Government officials fall into the __________ privilege category.

absolute

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

actual

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

breach

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:_______.

certain common areas

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

common

Products liability laws may take the form of state __________ law or state statutes that expressly impose liability for injuries that result from products.

common

The defense where the tortfeasor asserts that the injured party's conduct has played a factor in the harm suffered is known as: ______.

comparative negligence

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.

damages

Lost profit or loss of employment would be examples of __________ in a defamation suit.

damages

The tort of ______ occurs when a false statement is published that harms another's reputation.

defamation

A false or untrue statement concerning another's reputation or honesty is referred to as a(n) ____________ statement.

defamatory

Improper packaging can render a product unreasonably dangerous and thus: ____________.

defective

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.

defective, unreasonably

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

dram shop

If one relies on an official public document or a statement made by a public official which unknowingly turns out to be false, no cause of action for defamation based on: ________.

fair report privilege

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

foreseeability

Fraudulent misrepresentation is also referred to as:

fraud

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

harmed

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

implied

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

injured

The ____________ party must prove causation and damages once it is established that a product is unreasonably dangerous.

injured

The ______ has to prove a cause in fact in a negligence case.

injured party

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

instructions

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

loss of consortium

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

material

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

mental

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

misfeasance

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

misfeasance, nonfeasance

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

misuse

A claim for negligent misrepresentation is founded in: __________.

negligence

An injury caused by an accident or an event which occurs without willful intent is called a(n) Blank______ tort.

negligence

Violations of safety statutes are referred to as: ______.

negligence per se

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

nonfeasance

Tortious interference with a prospective advantage protects against interference with a(n) ___________ contract, not one already formed.

potential

A(n) _______ statute is intended to protect a state's agricultural, dairy, or beef industries.

product disparagement

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

products

The area of law covering harm caused by defective products is called: ______.

products liability.

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

proximate

Celebrities and political candidates would be examples of: ______.

public figures.

Employers, in some states, who are providing references for former employees may enjoy a(n) _________ for protection of speech.

qualified privilege

The law imposes a general duty on all people to act in a(n) ___________ manner under the circumstances.

reasonable and prudent

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

reasonable conduct

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

reasonableness

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.

special

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

strict

An intervening act that adds to the plaintiff's injury and normally takes place after the tortfeasor's negligent act is referred to as a(n): ______.

superseding cause.

In proving proximate cause, the injured party must also show that the tortfeasor's conduct was Blank______ cause of the injured party's damages, and that the tortfeasor's liability was not canceled due to Blank______.

the closest-in-proximity, a superseding cause

Dissemination to a third party, a requirement of the defamation law, requires that _____.

the false statement must reach the eyes or ears of a third party

The merchant's privilege is limited to: ______.

the merchant's premises and immediately adjacent area.

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.

tortfeasor

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

tortfeasor

The ______ must prove the elements of the defense of assumption of the risk.

tortfeasor

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

trade