Chapter 9: Torts and Products Liability

MacPherson Rule

allows for liability for negligently manufactured products to include any injuries to persons and not just the actual purchaser

negligence tort

an injury cause by an accident or an event which occurs without wiliful intent is called

duty of care

courts have determined that manufacturers have ()()() when designing, manufacturing, and inspecting products

Tortfeasor

one who commits a tort is referred to as the

True

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

Duty, Breach, Cause in Fact, Legal Cause, and Damages

Which of the following are elements of negligence?

implied warranty theory

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

breach of duty

failure to fulfill obligations to another party is called

intentional infliction of confinement

false imprisonment falls into which tort category?

negligence, warranty, strict liability

in a products liability case, the injured party may pursue a legal remedy against the seller under one of the three theories

intentional tort

is one where the tortfeasors actions were wiliful

slander

is spoken defamation

libel

is written defamation

injured party

must prove all elements of negligence to be successful

comparative negligence

the defense where the tortfeasor asserts that the injured partys conduct has played a factor in the harm suffered is known as

legal duty

the first step in analyzing a negligence claim is to determine whether the tortfeasor owed a ()() to the injured party

reasonably prudent

the law imposes a general duty on all people to act in an () manner under the circumstances

res ipsa loquitur

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

intentional tort

the tort of contract interference is

reasonableness standard

to determine whether landowners should have acted to prevent a risk to parties who come on their land

negligence per se

violations of safety statutes are referred to as

reasonable conduct

in general, the scope of the duty of ()() is defined by forseeability

express warranty

when the seller makes a representation of fact about a product, this is known as an

compensate the victim

the goal of tort law is to

When one partys actions unintentionally cause harm; when one party does not act reasonably

In the context of negligence conduct, which of the following circumstances are required for tort law to apply?

suspected retail theft

a claim for false imprisonment in the commercial setting commonly presents itself in cases of:

material fact

a claim for fraudalent misrepresentation requires the misrepresentation of

unreasonable risks

landowners owe a general duty to parties off the land from any ()() to them caused by something on the land

assumption 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

damges or losses

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

Common Law

for the most part, tort law is found in state

fraud

fraudulent misrepresentation is also referred to as

Second Restatement of the Law of Torts

have the benefit of volumes of case law and wide acceptance

trade libel

if a competitor makes a false statement that disparages a competing product, the injured business may sure for

malice

if the victim of defamation is a public figure, the defamation must have been commited with () or reckless disregard for the truth

the closest-in-proximity, a superseding cause

in proving proximate cause, the injured party must also show that the tortfeasors conduct was () cause of the injured partys damages, and that the tortfeasors liability was not canceled due to ()

Nonfeasance

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

truth

is an absolute defense to a defamation claim

designed/manufacturing 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

unreasonable

laws of negligence impose liability when ones conduct is

certain common areas

omce a landowner becomes a landlord and she gives possession of the property to the tenant, the landlord is generally not held liable except for

actual damages

physical harm derives from an injury caused by the tortfeasor is called

tortfeasor

proximate cause tends to protect the () from far-reaching liability

misfeasance, nonfeasance

tort law allocated liability based on a fundamental difference between () or some act by ine party that harms or endangers another party, and () or the failure to act or intervene in a certain situation

strict liabilty

usually available for abnormally dangerous activities and for defective products