MGT 12A - Chapter 9

??? is spoken defamation.

Slander

Quiz 4: Elise was injured when her Proper Pour coffee pot spontaneously shattered. Elise may pursue a products liability claim against Proper Pour under all of the theories of liability listed below, except warranty. negligence. assumption of risk. strict liability.

assumption of risk

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

common

Improper packaging can render a product unreasonably dangerous and thus:

defective

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

dram shop

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

express

Even if an express warranty does not exist, the UCC provides that an injured consumer may still recover under the ??? warranty theory.

implied

The ??? privilege shields a merchant from reasonably detaining a party suspected of shoplifting.

merchants

The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal ??? (one word) to the injured party.

responsibility

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

Absolute

_______, 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. Dram shop Strict liability Assumption of duty Abnormally dangerous activities

Assumption of duty

______ defense 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. Contributory negligence Comparative negligence Self defense Assumption of the risk

Assumption of the risk

______ is a defense to a strict liability claim. . Comparative negligence Self-defense Assumption of the risk Contributory negligence

Assumption of the risk

Which of the following, if untrue and published to a third party, would be defamation? All accountants are crooks. Barry Layne is an arsonist. Attorneys are evil. Politicians are crazy.

Barry Layne is an arsonist.

Which of the following is an element of negligence? Breaching the peace Breaching the terms of a contract Breaching the covenant of quiet enjoyment Breaching the duty of care owed

Breaching the duty of care owed

Most courts use which test when establishing a causal link between breach of duty and damages? Absolute liability test Strict scrutiny test Smell test But-for test

But-for test

Which of the following describes the link between the breach of standard of care and the damages suffered by the injured party? Causal commotion Cause and effect Probable cause Cause in fact

Cause in fact

Which of the following is an element of defamation? Physical harm Dissemination True statement Negligence

Dissemination

Which of the following are elements of negligence? Obligation, breach, probable cause, false cause, and damages Obligation, violation, illegal action, notable cause, and damages Duty, breach, cause in fact, legal cause, and damages Duty, breach, legitimate cause, actual cause, and damages

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

Quiz 1: T or F The law protects against third party interference with existing contracts but not with potential contracts or other business relationships.

False

Quiz 5: T or F A failure to act can never be considered a tort, even if it causes a loss to or injury to another party.

False

Quiz 6: T or F Oliver is a retailer who sells outdoor equipment and gear. Oliver is unaware that one of the insect repellent brands he sells can cause a dangerous allergic reaction, particularly in children. Because Oliver did not actually know that the repellent was dangerous, a court could not impose strict liability on Oliver.

False

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

False (For a valid defamation claim, the untrue statement must be about a particular party, business or product.)

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

False (Reason: For a valid defamation claim, the untrue statement must be about a particular party, business or product.

__________ has been extended by the states to protect state legislators for statements made in the course of carrying out their duties. Mediation Immunity Arbitration Condemnation

Immunity

??? is written defamation.

Libel

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

MacPherson

If someone is injured by a defective product, she can pursue the following as possible causes of action: Negligence, Warranty, Or Strict Liability Negligence Or Warranty Only Warranty Or Strict Liability Only Strict Liability Or Negligence Only

Negligence, Warranty, Or Strict Liability

??? 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 mistake Statute of frauds Product misuse Strict liability

Product misuse

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

Punitive

??? ??? ??? 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

The ??? define proximate cause as that which helps draw the line that determines when a tortfeasor is "not liable for harm different from harms whose risk made the [tortfeasor's] conduct tortious".

Restatements

The ______ Restatements of tort law have the benefit of volumes of case law and wide acceptance.

Second

Which of the following gives members of Congress protection from liability for any statements made during a congressional debate? Privileges and immunities clause Tax and spend clause Speech and debate clause Free exercise clause

Speech and debate clause

Neither intent nor negligence need be proven in what types of cases? Contributory negligence Comparative negligence Intentional torts Strict liability

Strict liability

Quiz 2: T or F Products liability laws that cover individuals who are injured by a product may take the form of state common law or state statutes.

True

True or False: The tort of trade libel requires that the statement be a clear and specific reference to the disparaged party or product.

True (Reason: This is true. The tort of trade libel requires that (1) the statement be a clear and specific reference to the disparaged party or product, (2) be made with either knowledge that the statement is false or reckless disregard for the truth, and (3) be communicated to a third party (similar to defamation)).

??? is an absolute defense to a defamation claim.

Truth

Which of the following is a defense to a defamation claim? Truth Assumption of the risk Comparative negligence Self-defense

Truth

In the context of negligent conduct, which of the following circumstances are required for tort law to apply? (Check all that apply.) When one party suffers monetary loses as a result of its own actions When one party completes its contractual requirements When one party does not act reasonably When one party's actions unintentionally cause harm

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

Abnormally dangerous activities typically include activities that involve: ______. multiple people and places. a low degree of risk of harm. a high degree of risk of harm. television and radio commercials.

a high degree of risk of harm.

Government officials fall into the ??? privilege category.

absolute

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. ameliorated prevented dissolved assumed

assumed

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

breach

If a party fails to satisfy its obligations to another party, this is known as a: ______. breach of duty degradation of duty failure of duty

breach of duty

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

care

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:_______. strict torts rabid animals escaped from the local zoo certain common areas children's injuries

certain common areas

Products liability laws may take the form of state __________ law or state statutes that expressly impose liability for injuries that result from products.

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 plaintiff's 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: ______. assumption of the risk shared negligence complicated negligence comparative negligence

comparative negligence

For an injured consumer to recover, she must prove the product was defective and:______. created a danger outside the reasonable consumer expectations. not capably of being made safe created an unreasonable danger. unreasonably dangerous and unable to make safe

created a danger outside the reasonable consumer expectations.

Lost profit or loss of employment would be examples of ??? in a defamation suit.

damage

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

damages

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

Medical bills, lost wages, and pain and suffering are examples of: ______. damages strict liability causation bad luck

damages

The tort of ______ occurs when a false statement is published that harms another's reputation. defamation battery negligence deception

defamation

A false or untrue statement concerning another's reputation or honesty is referred to as a(n) ??? statement.

defamatory

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. negligent, unreasonable defective, unreasonably defective, inherently unreasonable, inherently

defective, unreasonably

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. (Please use one word per blank.)

design

A product may be defective if not manufactured or ______ properly. Multiple choice question.

designed

There are ??? fundamental elements to a negligence claim.

five (Duty, Breach of duty, Cause in fact, Proximate (legal) cause, Actual damages)

Most courts favor defining the scope of risk in negligence cases by: ______. responsibility foreseeability accountability practicability

foreseeability

Fraudulent misrepresentation is also referred to as: ???.

fraud

To qualify as a defamatory statement, the victim's reputation must be: ______.

harmed

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

improper

A product that is ______ is designed and manufactured correctly with adequate warnings, but is still dangerous. superficially defective conditionally dangerous sequentially defective inherently dangerous

inherently dangerous

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 judge tortfeasor jury

injured party

The law requires products to carry sufficient warnings and ???.

instructions

False imprisonment falls into which tort category? Intentional Strict liability Assumption of the risk Negligence

intentional

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

intentional

The tort of contract interference is a(n) ______ tort. negligence unintentional intentional strict liability

intentional

Quiz 7: In cases of fraudulent misrepresentation, the law is most likely to allow the innocent party to recover when the tortfeasor knows that the misrepresented fact is false. knows that the misrepresented fact is immaterial. relies on misrepresented material fact. suffers damage.

knows that the misrepresented fact is false.

Damages allowed for spouses or children of parties injured by negligence are called ________ damages. loss of consortium punitive strict liability nominal

loss of consortium

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

malice

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

material

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

mental

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. nonfeasance, misfeasance negligence, intentionality a special relationship, a strict duty misfeasance, nonfeasance

misfeasance, nonfeasance

A claim for negligent misrepresentation is founded in: __________. absolute liability contempt strict liability negligence

negligence

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

negligence

Violations of safety statutes are referred to as: ______.

negligence per se

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

nonfeasance

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

potential

A(n) _______ statute is intended to protect a state's agricultural, dairy, or beef industries. farm improvement product disparagement product protection industry disparagement

product disparagement

The area of law covering harm caused by defective products is called: ______. products liability. criminal procedure. civil procedure. constitutional law.

products liability

Torts involving harm caused by defective products is called: ______. estate planning products liability negligence products abnormality

products liability

The broad sweep of the but-for-test requires another step in the analysis, often referred to as the ??? (legal) cause test.

proximate

Celebrities and political candidates would be examples of: ______. tortfeasors. public figures. criminals. third party beneficiaries.

public figures.

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

qualified

So long as the media acts in good faith, without malice, and without a reckless disregard for the truth, the media will enjoy ??? protection from defamation liability.

qualified

Employers, in some states, who are providing references for former employees may enjoy a(n) _________ for protection of speech. absolute privilege qualified privilege formal privilege secondary privilege

qualified privilege

The law imposes a general duty on all people to act in a(n) ___________ manner under the circumstances. defensive and prudent reasonable and prudent offensive and reasonable defensive and reasonable

reasonable and prudent

In general, the scope of the duty of ??? ??? is defined by foreseeability.

reasonable conduct

Courts use a __________ standard to determine whether landowners should have acted to prevent a risk to parties who come on their land. absolute reasonableness strict contributory negligence

reasonableness

??? liability is usually available for abnormally dangerous activities and for defective products.

strict

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

strict

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

Strict liability will not apply in a products liability case if there has been a ______ to the product before it reaches the end user. recent upgrade substantial change minimal upgrade substantial upgrade

substantial change

An intervening act that adds to the plaintiff's injury and normally takes place after the tortfeasor's negligent act is referred to as a(n): ______. unidentified cause. preceding cause. superseding cause. unknown cause.

superseding cause.

A claim for false imprisonment in the commercial setting commonly presents itself in cases of: _____. suspected document forgery. suspected employee discrimination. suspected retail theft. suspected product disparagement.

suspected retail theft.

A claim for false imprisonment in the commercial setting commonly presents itself in cases of: _____. suspected employee discrimination. suspected retail theft. suspected document forgery. suspected product disparagement.

suspected retail theft.

Under the merchant's privilege, the merchant may seize stolen items: ______. that are hidden. that are in plain view. under no circumstances. that are concealed.

that are in plain view.

Dissemination to a third party, a requirement of the defamation law, requires that _____. the defamatory statement must be about a specific party the false statement must reach the eyes or ears of a third party the defamatory statement must have a tendency to damage the reputation of the plaintiff the false statement must be published in print to qualify as an actionable offense

the false statement must reach the eyes or ears of a third party

Dissemination to a third party, a requirement of the defamation law, requires that _____. the false statement must be published in print to qualify as an actionable offense the defamatory statement must have a tendency to damage the reputation of the plaintiff the false statement must reach the eyes or ears of a third party the defamatory statement must be about a specific party

the false statement must reach the eyes or ears of a third party

Res ipsa loquitur is Latin for:______. the thing speaks for itself. the spoken is the law. the spoken means nothing. the thing means the most.

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

Proximate cause tends to protect the ??? from far-reaching liability.

tortfeasor

Quiz 3: The party that commits a civil wrong and causes the other party to suffer a loss is called a(n) plaintiff. tortfeasor. wrongdoer. offender.

tortfeasor

The ______ must prove the elements of the defense of assumption of the risk. tortfeasor jury judge injured party

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

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

unreasonable

Laws of negligence impose liability when one's conduct is: __________. purposeful vengeful unreasonable intentional

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 Blank______ dangerous. believably reasonably unreasonably unbelievably

unreasonably

Failure to warn may render a product ??? dangerous.

unreaspnably

Quiz 8: Under the doctrine of res ipsa loquitur, the injured party can prove a negligence claim by establishing that the tortfeasor acted unreasonably and breached their duty of care. using the facts of the case to create a presumption of negligence. showing that the tortfeasor violated a safety statute. demonstrating that they had a special relationship with the tortfeasor.

using the facts of the case to create a presumption of negligence.

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. could not be avoided. was inherently dangerous. could not be made safe with technology at the time.

was outside the reasonable consumer's expectations.