Business Law 1 Quiz 3

________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.

Strict-liability

Which of the following must a plaintiff generally show in order to recover in a product liability lawsuit?

That the product is defective and also that the defect existed when the product left the defendant's control.

Which of the following is a condition required for the imposition of strict liability?

The activity is so inherently dangerous that it cannot ever be safely undertaken.

Which of the following is liability without fault?

Strict liability.

The primary type of damages in tort law is referred to as _____.

Compensatory damages

Which of the following is a defense used by a defendant to demonstrate that his alleged negligent behavior was reasonable, given the available scientific knowledge existing at the time the product was sold or produced?

State-of-the-art defense.

Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?

False imprisonment.

Which of the following is the type of defect most likely involved when an individual glass bottle of soda shatters in someone's hand causing a cut, although most bottles do not shatter in that manner?

Manufacturing

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

Modified comparative negligence.

_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm.

Negligent

_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.

Nominal

Which of the following defenses is an argument that harm was caused not by the defendant's negligence but by the plaintiff's failure to properly use the product?

Product misuse.

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

Proximate cause.

___________ damages are damages awarded to punish the defendant and to deter others from similar conduct

Punitive

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

Pure comparative negligence.

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation.

Reasonable person

Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation?

Slander but not libel.

Under which of the following theories may a plaintiff be able to proceed even if the plaintiff cannot trace an injury caused by a product to any particular manufacturer?

The market share theory.

The defense that Belinda waited too long to bring suit from the time that she was injured is a defense based upon which of the following?

The statute of limitations

The defense that Belinda waited too long after the product was purchased in which to sue is a defense based upon which of the following?

The statute of repose