LSTD 2016 Chapter 9
loss of consortium damages
Damages allowed for spouses or children of parties injured by negligence are called
elements of negligence
Duty, breach, cause in fact, legal cause, and damages
Qualified privileges
Media, fair report, employers
negligence per se
Violations of safety statutes are referred to as
Cause in fact
Which of the following describes the link between the breach of standard of care and the damages suffered by the injured party? Multiple choice question.
Products liability
refers to the liability of any seller of a defective good that harms a consumer.
Comparative 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.
Material fact
A claim for fraudulent misrepresentation requires the misrepresentation of a
express warranty
A representation of fact about a product is a
fraud
Fraudulent misrepresentation is also referred to as
absolute privileges
Government officials, judicial offers/proceedings, state legislators
Trade Libel
If a competitor makes a false statement that disparages a competing product, the injured business may sue for
nonfeasance
In tort law, the failure of one party to act or intervene in a certain situation is known as
Unreasonable
Laws of negligence impose liability when one's conduct is
dram shop
Laws that impose liability on owners and employees of public establishments where alcohol is served are called ________ laws.
Fair report privileges
One relies on an official public document or statement
Actual damages
Physical harm derived from an injury caused by the tortfeasor is called
tortfeasors
Proximate cause tends to protect the ----- from far-reaching liability
false imprisonment
The intentional infliction of confinement upon another party is
intentional
The tort of contract interference is a(n) _____ tort.
4
There are ----- fundamental elements to a negligence claim.
Potential
Tortious interference with a prospective advantage protects against interference with a ------- contract, not one already formed.
Privileged Statements
a defense to a defamation claim.
the MacPherson rule
allows for liability for negligently manufactured products to include any injuries to persons and not just the actual purchaser.
Truth
an absolute defense to a defamation claim.
Punitive
are designed to punish the tortfeasor and are usually only awarded when conduct was extremely reckless or wanton.
privilege
defense that recognizes either a legal or public policy-based immunity from a defamation claim.
speech and debate clause
gives members of Congress protection from liability for any statements made during a congressional debate
Product Disparagement Statute
intended to protect a state's agricultural, dairy, or beef industries.
Res ipsa Loquitur
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.
Assumption of the risk
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 duty
occurs when one party voluntarily begins to render assistance even when there is no legal obligation to do so.
misfeasance
some act by one party that harms or endangers another party
injured
the ---- party must prove all elements of negligence to be successful