Chapter 9 Smartbook
__________ 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
______ 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
______ is a defense to a strict liability claim.
Assumption of the risk
__________ 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
Which of the following is a limitation of the but-for test?
Overly broad
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
Which of the following describes the link between the breach of standard of care and the damages suffered by the injured party?
Cause in fact
True or false: General untrue statements about a profession or group as a whole are defamation.
False
True or false: In an action for trade libel, the one making the defamatory remark is the injured party.
False
__________ is an absolute defense to a defamation claim.
Truth
Products liability laws may take the form of state __________ law or state statutes that expressly impose liability for injuries that result from products.
common
Failing to use a product in a manner that an ordinarily prudent person would have is the defense of product __________.
misuse
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
__________ is a defense that recognizes either a legal or public policy-based immunity from a defamation claim.
Privilege
______ statements are a defense to a defamation claim.
Privileged
__________ liability is usually available for abnormally dangerous activities and for defective products.
Strict
Defamation is a false statement that is published to a third party that results in: ______.
damages.
Proximate cause is also referred to as __________ cause.
legal
Damages allowed for spouses or children of parties injured by negligence are called ________ damages.
loss of consortium
If the victim of defamation is a public figure, the defamation must have been committed with __________ or reckless disregard for the truth.
malice
A claim for negligent misrepresentation is founded in: __________.
negligence
An injured consumer may recover under strict liability if the injured consumer can prove that the product was defective and the defect made the product ______ dangerous.
unreasonably
Failure to warn may render a product __________ dangerous.
unreasonably
For a party to recover for an injury caused by a product, the product must have been defective and must have created a danger that: ______.
was outside the reasonable consumer's expectations.
Which of the following, if untrue and published to a third party, would be defamation?
Barry Layne is an arsonist.
Which of the following is an element of defamation?
Dissemination
Which of the following are elements of negligence?
Duty, breach, cause in fact, legal cause, and damages
__________ damages are designed to punish the tortfeasor and are usually only awarded when conduct was extremely reckless or wanton.
Punitive
Neither intent nor negligence need be proven in what types of cases?
Strict liability
Which of the following is a defense to a defamation claim?
Truth
Abnormally dangerous activities typically include activities that involve: ______.
a high degree of risk of harm.
In general, the scope of the duty of care is defined by: __________.
foreseeability or foreseeable
An injury caused by an accident or which occurs without willful intent is called a(n) ______ 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: __________.
nonfeasance
Laws of negligence impose liability when one's conduct is: __________.
unreasonable
The ______ rule that allows for liability for negligently manufactured products to include any injuries to persons and not just the actual purchaser.
MacPherson
__________ __________ __________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 Ipsa Loquitur
The ______ is considered a secondary source of tort law.
Restatement Of Torts
Which of the following gives members of Congress protection from liability for any statements made during a congressional debate?
Speech and debate clause
In the context of negligent conduct, which of the following circumstances are required for tort law to apply? (Check all that apply.)
When one party does not act reasonably When one party's actions unintentionally cause harm
Physical harm derived from an injury caused by the tortfeasor is called __________ damages.
actual
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.
assumed
The failure to meet obligations when there is a duty to do so is called a(n) __________ of duty in a negligence case.
breach
If a party fails to satisfy its obligations to another party, this is known as a: ______.
breach of duty
Courts have determined that manufacturers have a duty of __________ when designing, manufacturing and inspecting products.
care
For the most part, tort law is found in state __________ law.
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
The goal of tort law is to: ______.
compensate the victim.
For an injured consumer to recover, she must prove the product was defective and:______.
created a danger outside the reasonable consumer expectations.
Lost profit or loss of employment would be examples of __________ in a defamation suit.
damages or damage
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, damage, losses, or loss
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
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. (Please use one word per blank.)
design, designed, manufacturing, manufactured, or manufacture
The __________ party must prove all elements of negligence to be successful.
injured or harmed
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
The __________ privilege shields a merchant from reasonably detaining a party suspected of shoplifting.
merchant's, merchants, or merchant
According to tort law, an act by one party that harms or endangers another, is known as: __________.
misfeasance
Tortious interference with a prospective advantage protects against interference with a(n) __________ contract, not one already formed.
potential
The area of law covering harm caused by defective products is called: ______.
products liability.
So long as the media acts in good faith, without malice, and without a reckless disregard for the truth, the media will enjoy __________ protection from defamation liability. (Please use one word per blank.)
qualified
Employers, in some states, who are providing references for former employees may enjoy a(n) _________ for protection of speech.
qualified privilege
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
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.
Assumption of the risk is a defense based on: __________.
the plaintiff's voluntary participation in the activity
Res ipsa loquitur is Latin for:______
the thing speaks for itself.
One who commits a tort is referred to as the: ______.
tortfeasor
The ______ must prove the elements of the defense of assumption of the risk.
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.
tortfeasor or tortfeasors
_____ is a defense to a products liability claim.
Product misuse
__________ liability refers to the liability of any seller of a defective good that harms a consumer.
Products
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
A(n) __________ tort is one where the tortfeasor's actions were willful.
intentional
Proximate cause tends to protect the __________ from far-reaching liability.
tortfeasor or tortfeasors
If a competitor makes a false statement that disparages a competing product, the injured business may sue for __________ libel.
trade
_______, 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
If someone is injured by a defective product, she can pursue the following as possible causes of action: ______.
Negligence, Warranty, Or Strict Liability
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
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, defamation, or defaming
A product may be defective if not manufactured or ______ properly.
designed
Laws that impose liability on owners and employees of public establishments where alcohol is served are called ________ laws.
dram shop
The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal __________ (one word) to the injured party.
duty, responsibility, or obligation
A representation of fact about a product is a(n) __________ warranty.
express or expressed
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
Design problems, inadequate warnings, and __________ packaging are types of defects associated with products.
improper, inadequate, poor, defective, defect, inappropriate, or faulty
A product that is ______ is designed and manufactured correctly with adequate warnings, but is still dangerous.
inherently dangerous
The __________ party must prove causation and damages once it is established that a product is unreasonably dangerous.
injured
The law requires products to carry sufficient warnings and __________.
instructions, instruction, or directions
The tort of contract interference is a(n) ________ tort.
intentional
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
A(n) _______ statute is intended to protect a state's agricultural, dairy, or beef industries.
product disparagement
The law imposes a general duty on all people to act in a(n) ___________ manner under the circumstances.
reasonable and prudent
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
Strict liability will not apply in a products liability case if there has been a ______ to the product before it reaches the end user.
substantial change
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.
A claim for false imprisonment in the commercial setting commonly presents itself in cases of: _____.
suspected retail theft.