Chapter 9 Torts and Products Liability

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

Blank 1: reasonable Blank 2: conduct

Which of the following are elements of negligence?

Duty, breach, cause in fact, legal cause, and damages

Fraudulent misrepresentation is also referred to as:

fraud

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

implied

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

implied

The law requires products to carry sufficient warnings and

instructions

truth

is an absolute defense to a defamation claim.

Proximate cause is also referred to as

legal

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

material

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

mental

Violations of safety statutes are referred to as: ______.

negligence per se

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

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

Negligence, Warranty, Or Strict Liability

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

Second

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

_______, 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

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.

Blank 1: Res Blank 2: Ipsa Blank 3: Loquitur

Which of the following is an element of negligence?

Breaching the duty of care owed

liability is usually available for abnormally dangerous activities and for defective products.

Strict

Abnormally dangerous activities typically include activities that involve: ______.

a high degree of risk of harm.

Failure to fulfill obligations to another party is called a(n)

breach

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

common

The goal of tort law is to: ______.

compensate the victim

Design problems, inadequate warnings, and packaging are types of defects associated with products.

defect

Improper packaging can render a product unreasonably dangerous and thus:

defective

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

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

designed

A representation of fact about a product is a(n)

express

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

product

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

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

tortfeasor

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

true

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

truth

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

unreasonably

Failure to warn may render a product

unreasonably