Law2221 Ch. 9

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

1.) when one party's actions unintentionally cause harm 2.) when one party does not act reasonably

____ liability is usually avail for abnormally dangerous activities and for defective products

Strict

A claim for false imprisonment in the commercial setting commonly presents its self in cases of _____.

Suspected retail theft

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

The closest in proximity, a superseding cause

The merchants privilege is limited to

The merchants premises and the immediately adjacent area

Assumption of the risk is a defense based on:

The plaintiff's voluntary participation in the activity

Red ipsa loquitur is Latin for

The thing speaks for itself

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

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

Trade

True or false: in the case of negligence per se, there is a strong presumption that the party violating the statute has also breached her general duty to those who are protected by the law.

True

Which 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 _____ dangerous.

Unreasonably

Libel

Written defamation

Defamation is a false statement that is published to a third party that results in

Damages

privelege

Defense that recognizes either a legal or public policy-based immunity from a defamation claim

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

Dream shop

Which of the following are elements of negligence?

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

Which of the following is an alarm ant of defamation?

Dissemination

Which of the following are elements of negligence?

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

Government officials fall into the _____ privilege category

Absolute

_____ privilege is where the defendant need not offer any further evidence to assert the defense

Absolute

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

Actual

The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal ____ to the injured party.

Duty

____ 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

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

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 plaintiffs own actions.

Comparative

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 plaintiffs own actions

Comparative

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

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

True or false: in an action for trade libel, the one making the defamatory remark is the injured party.

False

True or false: superseding acts are always the basis for limiting a tortfeasor's liability

False

True or false: general untrue statements about a profession or group as a whole are defamation

False; must be about a particular party, business or contract

In general, the scope of the duty of care is defined by

Foreseeability

In general, the scope of the duty of care is defined by:

Foreseeability

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 victims reputation must be

Harmed

The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal _____ to the injured party.

Obligation

The _____ party must prove all elements of negligence to be successful

Injured

The _____ has to prove a cause in fact in a negligence case

Injured party

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

Intentional

The tort of contract interference is a(n) _____ tort

Intentional

Fraudulent misrepresentation is a(n) ____

Intentional tort

Proximate cause is also referred to as ____ cause

Legal

Proximate cause is also referred to as _____ cause

Legal

The_____ privilege shields a merchant from reasonably detaining a party suspected of shoplifting

Merchants

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

Misfeasance, nonfeasance

A claim for negligent misrepresentation is founded in

Negligence

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

Negligence

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

Nonfeasance

Limitation of the but-for test

Overly broad

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

Potential

_____ statements are a defense to a defamation claim

Privileged

A ____ statute is intended to protect a state's agricultural, dairy, or beef industries.

Product disparagement

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

Products liability

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

Punitive

A _____ privilege is where the defendant must offer evidence of good faith and be absent of malice to be shielded from liability

Qualified

A(n) ____ privilege is where the defendant must offer evidence of good fait and be absent of malice to be shielded from liability

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

The ____ is considered a secondary source of tort law

Restatement of torts