BUSI 301 Chapter 9 SmartBook

The _____ rule that allows for liability for negligently manufactured products to include any injuries to persons and not just the actual purchaser.

MacPherson

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

There are _____ fundamental elements to a negligence claim.

five

_____ is spoken defamation.

slander

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

FALSE

Abnormally dangerous activities typically include activities that involve:

a high degree of risk of harm.

For the most part, tort law is found in state _____ law.

common

Medical bills, lost wages, and pain and suffering are examples of:

damages

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 product may be defective if not manufactured or _____ properly.

designed

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

duty

Which of the following are elements of negligence?

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

A representation of fact about a product is a(n) _____ warranty.

express

The intentional infliction of confinement upon another party is:

false imprisonment

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

foreseeability

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 _____ warranty theory.

implied

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

inadequate

The law requires products to carry sufficient warnings and _____.

instructions

According to tort law, an act by one party that harms or endangers another, is known as:

misfeasance

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

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

negligence

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

product

______ is a defense to a products liability claim.

product misuse

Celebrities and political candidates would be examples of:

public figures

The law imposes a general duty on all people to act in a(n) _____ manner under the circumstances.

reasonable and prudent

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 law.

restatement of torts

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

A category of tort where liability will be imposed, regardless of intent or willfulness, is called _____ liability.

strict

In proving 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

Res ipsa loquitur is Latin for:

the thing speaks for itself

A(n) _____ is a civil wrong where one party has committed an act that causes another to suffer harm.

tort

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

One who commits a tort is referred to as the:

tortfeasor

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

trade

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

truth

_____ is an absolute defense to a defamation claim.

truth

Laws of negligence impose liability when one's conduct is:

unreasonable

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

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

-when one party's actions unintentionally cause harm -when one party does not act reasonably

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

Neither intent nor negligence need be proven in what types of cases?

strict liability

The failure to meet obligations when there is a duty to do so is called a(n) _____ of duty in a negligence case.

breach

Which of the following is an element of negligence?

breaching the duty of care owed

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

mental

_____ _____ _____ 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

Courts have determined that manufacturers have a duty of _____ when designing, manufacturing and inspecting products.

care

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

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.

manufacturing

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

material

Failing to use a product in a manner that an ordinarily prudent person would have is the defense of product _____.

misuse

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

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

suspected retail theft

Violations of safety statutes are referred to as:

negligence per se

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

negligence, warranty, or strict liability

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

nonfeasance

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

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

_____ of duty, another exception to the 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

Failure to fulfill obligations to another party is called a(n) _____ of duty.

breach

For an injured consumer to recover, she must prove the product was defective and:

created a danger outside the reasonable consumer expectations

_____ is written defamation

libel

If the victim of defamation is a public figure, the defamation must have been committed with _____ or reckless disregard for the truth

malice

If the victim of defamation is a public figure, the defamation must have been committed with _____ or reckless disregard for the truth.

malice

Proximate cause is also referred to as _____ cause.

legal

______ is a defense to a strict liability claim.

assumption of the risk

_____ is a written defamation.

libel

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

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

intentional

Fraudulent misrepresentation is a(n):

intentional tort

Which of the following is a limitation of the but-for test?

overly broad