lsb final

Laws based on the Restatements that cover individuals who are injured by a product are known as ______ laws.

product liability

In addition to showing the cause in fact, the plaintiff also must prove the tortfeasor's conduct was the _______ of the damages.

proximate cause

In the tort of negligence, the element of ________ is whether there was a link between the breach of duty and the damages suffered by the injured party. Multiple choice question.

proximate cause

If a defamation victim is a _______, such as a candidate for political office, the defamation must have been committed with _______ or reckless disregard for the truth.

public figure, malice

Television broadcast employees are protected by

qualified privledge

Generally, tort law is governed by _______ law principles and the _______ of Torts.

restatement, common

Business managers may encounter tortious interference with contracts in the context of _______. Multiple choice question.

restrictive covenants

The most appealing option for pursuing a products liability case is the doctrine of _______, because the injured party need not prove the elements of _______.

strict liability, negligence

Torts fall into one of three general classes: ______

strict liability, negligence, intentional torts

A tortfeasor may be held strictly liable in cases primarily involving _______ and _______ activities

abnormally dangerous, defective products

Generally, if U.S. Senators are debating a bill on the Senate floor, they are entitled to ________ privilege.

absolute

Privilege can be either _______ (defendant need not offer any further evidence to assert the defense), or _______ (defendant offers evidence of good faith with no malice).

absolute qualified

In order for an injured party to recover damages for tortious interference with contract, the tortfeasor must have : ________.

activively interfered, knowledge of contract, caused damages

n order to recover in a negligence case, the tortfeasor must have caused the plaintiff _______, which generally means ________.

actual damages, physical harm

A public figure must provide evidence that a defamer had '_______' the statement was false or had a _______ for the truth.

actual knowledge, reckless disregard

An exception to the general duty to act (or rescue) is _______ which occurs when one party renders assistance even when there is no legal obligation to do so.

assumption of duty

A merchant's privilege is may be limited by: ______.

coercion for payment, length of detention, location

f the plaintiff's injuries play a factor in the harm suffered, the Restatements allow the defendant to assert the defense of _______ negligence and apportion the damages accordingly.

comparative

________ negligence holds that even 1 percent of negligence on the part of the plaintiff is a complete bar to any plaintiff recovery.

contributory

The law recognizes an individual's reputation as a valuable asset and imposes liability on a party that makes _______ and _______ statements affecting another party's reputation.

defamatory, false

In order to show that a superseding act limits a tortfeasor's liability, the element of ________ must be proven.

foreseeability

_______ is recognized as a tort when the innocent party relies on a material misstatement of fact in a contract and suffers a pecuniary loss.

fraud

Courts only allow recovery for tortious interference with prospective advantage under limited circumstances where the tortfeasor's conduct was _______.

highly anticompetitive

To prove a legal causation, the plaintiff must prove that the tortfeasor's:_______ and _______.

liability was not canceled due to superseding cause, conduct was in the closest proximity to causing the damages

Generally, defamation can include ______ or _______.

libel, slander

Contract law allows a contract to be canceled if a party makes false representations concerning _______.

material fact

Tort law allocates liability based on a fundamental difference between _______ (an act by one party that harms or endangers another party) and _______ (the failure to act or intervene in a certain situation). Multiple choice question.

misfeasance, nonfeasance

Sometimes an intervening event, called a(n) _________, takes place after the tortfeasor's negligent act.

superseding cause

A(n) _______ is a _______ wrong in which one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party.

tort, civil

An injured party may sue for _______ when a competitor makes a false statement that disparages a competing product.

trade libel

Landowners owe a general duty to parties off the land from any _______ risks to them caused by something on the land.

unreasonable

The law imposes a general duty on all parties to act reasonably and not to impart _______ to others.

unreasonable risk

Negligence occurs when a tortfeasor causes harm to an injured party by creating an _______ risk of harm, regardless of the tortfeasor's _______. Multiple choice question.

unreasonable, intent

lTort law is intended to compensate injured parties for losses resulting in harm from some _______ conduct by the _______.

unreasonable, tortfeasor

Courts allow recovery for misrepresentations that are not intentional but are _______ misrepresentations in business relationships. Multiple choice question.

negligent

Injured parties generally may not recover for ______, unless the parties had a(n) special relationship each other.

nonfeasance

The 'reasonable prudent person' standard emphasizes that the conduct must be _______ reasonable.

objectively

Trade libel requires that the allegedly defamatory statement is made _______ or that the statement shows reckless disregard for the truth.

with knowledge of truth

The initial consideration in a negligence analysis is whether the tortfeasor owed the injured party a(n) _______.

legal duty

A defendant in a defamation case may avoid liability if the defamatory statement was _______.

privledged, truthful