Module 3

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

product liability

_______ refers to the liability of any seller (including the manufacturer, retailer, and any intermediary seller such as a wholesaler) of a product that, because of a defect, causes harm to a consumer.

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.

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

In a negligence case _______ damages may be awarded, but only when the tortfeasor's conduct was extremely reckless or willful or wanton.

punitive

Television broadcast employees are protected by a(n) ____ protection from defamation liability as long as they act in good faith, without malice or reckless disregard for the truth.

qualified

A duty can be a general obligation to act in a(n) _______ manner so as not to put another in harm's way.

reasonable

Tort law also applies when one party fails to act _______ and harm occurs, even though that party did not intend for harm to occur.

reasonably

If a plaintiff (former patient) of Dr. Franks introduces x-rays of instruments left in her abdomen after a procedure, she could argue _______.

res ipsa loquitur

The doctrine of _______ (Latin for "the thing speaks for itself ") allows an injured party to create a legal presumption that the tortfeasor was negligent based on certain facts.

res ipsa loquitur

Generally, defamation can include ______ or _______.

slander, libel

The Restatements of Torts provide for __________, in cases where neither intent nor negligence need be proved.

strict liability

If tomatoes leave the processing plant in a reasonable condition (not dangerous) and then are contaminated or damaged in the next stage of the commercial chain of delivery, may not make the manufacture liable for ______ but make the manufacturer liable for _______.

strict liability, negligence

Under the _______ rule, one who negligently manufactures a product is liable for any injuries to persons (and, in some limited cases, property) proximately caused by the negligence.

MacPherson v. Buick

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: _______. (Choose three best answers)

strict liability, negligence, intentional torts

In a products liability case, the plaintiff has the option of three different legal theories she may pursue agains the tortfeasor: _______. (Choose three best answers)

strict liability, warranty, negligence

Suppose Harry purchases a new Ford truck from a dealer. Two weeks later Harry is injured when the wheel breaks on the highway, causing Carol in another vehicle to be injured. Under the MacPherson rule, is Ford liable for Carol's injuries?

Yes, if Harry can prove negligence, Ford will be liable for Carol's injuries as well.

The Restatement set out a six-factor test for ________ activities that may trigger strict liability.

abnormally dangerous

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

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

actual acknowledge, reckless disregard

A plaintiff _______ if she knew about a risk and disregarded the risk by continuing with the activity at issue for her own benefit.

assumes the risk

A tortfeasor (defendant) can assert the defense of _______ when the plaintiff knows that a substantial and apparent risk is associated with certain conduct, and the plaintiff proceeds anyway.

assumption of the risk

If a product is proven to _______, a plaintiff need only show that the defective product was the cause of the injuries and that the product caused an actual injury that resulted in damages.

be unreasonably dangerous

If one party owes another a legal duty, then failing to meet these obligations is known as a(n) _______.

breach of duty

The overwhelming majority of courts use a cause-in-fact to prove causation, which is also known as the _______.

but for test

The tort of negligence has specific elements, including: _______. (Choose all that apply)

causation, breach of duty, duty, damages

After establishing a breach of duty, the plaintiff must prove that the tortfeasor's conduct was the _______ of the damages suffered by plaintiff.

cause in fact

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

common, restatement

If 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

To prove a legal causation, the plaintiff must prove that the tortfeasor's:_______ and _______. (Choose two correct answers)

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

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

contributory

The Greenman v. Yuba Power Products case held that "a _______ is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a _______ which causes injury to a human being." (Choose two best answers)

defect, manufacturer

A tortfeasor may be held strictly liable in cases primarily involving _______ and _______ activities. (Choose two best answers)

defective products, abnormally dangerous

Strict liability is recognized in the Restatements primarily for _______ and for _______. (Choose two best answers)

defective products, abnormally dangerous activities

The following are all factors in defining what may constitute an abnormally dangerous activity: _______. (Choose all the best answers)

eliminate risk by exercising reasonable care, activity involves a high degree of risk of some harm, location of the activity

In order to prevail in a negligence case, the plaintiff's damages cannot be based on _______ harm alone. (Choose two best answers)

emotional, mental

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.

false, defamatory

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

foreseeability

The law imposes a general duty on everyone to act reasonably and the scope of that duty is defined by _______.

foreseeability

A product may be defective if it is designed improperly in that _______ risks of harm posed by the product could have been reduced or avoided by some _______.

foreseeable, alternative design

A missile launcher that fires properly may be properly designed, manufactured, and labeled but is nonetheless _______. (Choose TWO correct answers)

inherently dangerous, unavoidably unsafe

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).

misfeasance, nonfeasance

In order for strict liability to apply, the product must reach the end user without _______ change.

substantial

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

A defendant in a defamation case may avoid liability if the defamatory statement was _______. (Choose the two best answers).

truthful, privileged

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 _______.

unreasonable, intent

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

unreasonable, tortfeasor

A failure to adequately warn may render the product ________ even absent any manufacturing or design defect.

unreasonably dangerous

A product can be rendered _______ by a defect in the packaging such as the requirement of a safety-proof container.

unreasonably dangerous

A seller of a product may use _______ as a defense if the plaintiff failed to use the product in a manner in which an ordinarily prudent person would.

misuse of project

If the legislature has passed a statute intended to promote safety and one party violates the statute, there is a strong presumption that the party violating the statute is _______.

negligent per se

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

A tortfeasor (defendant) can claim assumption of the risk if the plaintiff should have known about the risk, but _______ in the activity.

voluntarily participated

Most courts hold that a manufacturer has a duty to warn - unless the danger is "________", and failure to ______ may render the product defective. (Choose two best answers)

warn, open and obvious

Historically, _______ laws were important protection for purchasers of products because they imposed liability even in the absence of negligence.

warranty

Specifically, § 402A of the Restatement (Second) of Torts imposes strict liability on the seller so long as the product: _______, (Choose TWO best answers)

was unreasonably dangerous, was in a defective condition

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

with knowledge that the statement was false

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

legal duty