BUS 13 CH 9

True

A failure to act may be a tort if it causes a loss to be suffered by another party.

True

A store owner who suspects someone of shoplifting, and detains him or her for 4-5 hours while investigating, may have committed the tort of false imprisonment.

False

Employees of print media organizations are not afforded a qualified protection from defamation liability even if they have acted in good faith and with the absence of malice.

A

In cases of fraudulent misrepresentation, the law is most likely to allow the innocent party to recover when A) the innocent party relied on the misrepresentation. B) the misrepresentation of the fact is immaterial. C) the parties did not suffer any damage. D) the tortfeasor is unaware that the material fact is false.

D

In order to qualify as defamatory, a statement made by a defendant about a plaintiff must be A) merely unkind. B) stated without an intention to harm. C) true and based on actual facts. D) provable as false.

False

In the absence of a manufacturing or design defect, failure to warn cannot render a product unreasonably dangerous.

False

Janet sells toys for children. If she sells a defective toy, she can only be held liable for the injury caused by the toy if she was aware that the toy was defective.

True

Laws that cover individuals who are injured by a product, known as products liability laws, may take the form of state common law or state statutes.

B

Liability for a defective product can be triggered even when A) the product is not expected to reach the user without a substantial change in its condition. B) the seller has exercised all possible care in preparation and sale of the product. C) the injured party can prove that the product was not received at all. D) the seller is not engaged in the business of selling such a product.

False

Negligence is a result of a person's willful intent to cause harm to another person or property.

False

One who commits a tort is called a tort-actor.

B

The doctrine of res ipsa loquitur is concerned with A) using international norms as the basis for judging transactions that involve two countries. B) pointing to facts that infer negligent conduct without a showing of exactly how the tortfeasor behaved. C) defending against defamation claims by using the right of absolute privilege. D) establishing that the injured party in a strict product liability case had already assumed the risk.

A

The intentional touching of another person, without that person's consent, in a harmful or offensive manner is called _____. A) battery B) civil assault C) voyeurism D) arson

False

The law provides protection against interference from third parties to existing contracts only and not to potential contracts.

False

Tom is a retailer who sells various brands of nasal sprays for children. Tom is unaware that one of the brands he sells contains components that are dangerous for children. In this situation, Tom will not be liable in strict liability torts.

D

Which of the following acts would be considered negligence per se? A) Rita fails to notify the school administrator that the stairway in her school library is broken. B) Talia forgets to warn her guests that the cream used in the dessert is not fat-free. C) Nate gets an aggressive dog because he wants his home guarded. D) Alan drives his car at 60 mph in a 35 mph zone because he does not see the speed limit sign.

B

Which of the following individuals is most likely to avoid liability for defamation through absolute privilege? A) Chloe, a media person, who quotes an actor and calls him a chauvinist. B) Vicky, a criminal attorney, who makes a statement about an accused during a trial. C) Jade, an environmentalist, who makes a statement based on an official public document. D) Mel, a journalist, who makes a debasing statement about a CEO of a multinational company.

D

Which of the following individuals is protected against defamation claims through a qualified privilege? A) A member of Congress who makes a criticizing statement during a congressional hearing while in office. B) A state legislator who makes an allegation in the course of carrying out her duties. C) A prosecutor who makes a statement against an accused during a court proceeding. D) A non-government official who relies on and cites an official public document while making an allegation.

D

Which of the following is true of product liability? A) If a seller has not made a specific representation about the product, the buyer is not protected by warranty. B) Retailers do not share the duty to warn consumers of the dangers a product may cause. C) Only those who are in a direct purchase agreement can sue for negligence. D) Warranty laws impose liability even in the absence of negligence.

D

Zoe charges a product liability case against Green-On Inc. stating that the brand's product caused her skin allergies. Zoe may pursue a legal remedy against Green-On Inc. under all of the theories listed below except A )strict liability. B) negligence. C) warranty. D) trade libel.