Law2221 Ch. 9
In the context of negligent conduct, which of the following circumstances are required for tort law to apply?
1.) when one party's actions unintentionally cause harm 2.) when one party does not act reasonably
____ liability is usually avail for abnormally dangerous activities and for defective products
Strict
A claim for false imprisonment in the commercial setting commonly presents its self in cases of _____.
Suspected retail theft
In providing proximate cause, the injured party must also show that the tortfeasor's conduct was ——- cause of the injured party's damages, and that the tortfeasor's liability was not canceled due to _____.
The closest in proximity, a superseding cause
The merchants privilege is limited to
The merchants premises and the immediately adjacent area
Assumption of the risk is a defense based on:
The plaintiff's voluntary participation in the activity
Red ipsa loquitur is Latin for
The thing speaks for itself
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
If a competitor makes a false statement that disparages a competing product, the injured business may sue for _____ libel
Trade
True or false: in the case of negligence per se, there is a strong presumption that the party violating the statute has also breached her general duty to those who are protected by the law.
True
Which is a defense to a defamation claim?
Truth
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 _____ dangerous.
Unreasonably
Libel
Written defamation
Defamation is a false statement that is published to a third party that results in
Damages
privelege
Defense that recognizes either a legal or public policy-based immunity from a defamation claim
Laws that impose liability on owners and employees of public establishments where alcohol is served are called _____ laws.
Dream shop
Which of the following are elements of negligence?
Duty, breach, cause in fact, legal cause, and damages
Which of the following is an alarm ant of defamation?
Dissemination
Which of the following are elements of negligence?
Duty, breach, cause in fact, legal cause, damages
Government officials fall into the _____ privilege category
Absolute
_____ privilege is where the defendant need not offer any further evidence to assert the defense
Absolute
Physical harm derived from an injury caused by the tortfeasor is called ____ damages
Actual
The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal ____ to the injured party.
Duty
____ of duty, 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
Assumption
_____, 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
Assumption of duty
The failure to meet obligations when there is a duty to do so is called a(n) _____ of duty in a negligence case.
Breach
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 _____
Certain common areas
For the most part tort law is found in state ____ law
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 plaintiffs own actions.
Comparative
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 plaintiffs 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:
Comparative negligence
If one relies on an official public document or a statement made by a public official which unknowingly turns out to be false, no cause of action for defamation based on _____.
Fair report privilege
True or false: in an action for trade libel, the one making the defamatory remark is the injured party.
False
True or false: superseding acts are always the basis for limiting a tortfeasor's liability
False
True or false: general untrue statements about a profession or group as a whole are defamation
False; must be about a particular party, business or contract
In general, the scope of the duty of care is defined by
Foreseeability
In general, the scope of the duty of care is defined by:
Foreseeability
Most courts favor defining the scope of risk in negligence cases by:
Foreseeability
Fraudulent misrepresentation is also referred to as
Fraud
To qualify as a defamatory statement, the victims reputation must be
Harmed
The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal _____ to the injured party.
Obligation
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
A(n) ____ tort is one where the tortfeasor's actions were willful.
Intentional
The tort of contract interference is a(n) _____ tort
Intentional
Fraudulent misrepresentation is a(n) ____
Intentional tort
Proximate cause is also referred to as ____ cause
Legal
Proximate cause is also referred to as _____ cause
Legal
The_____ privilege shields a merchant from reasonably detaining a party suspected of shoplifting
Merchants
Tort law allocated liability based on a fundamental difference between _____ or something act by one party that harms it endangers another party, and _____ or the failure to act or intervene in a certain situation.
Misfeasance, nonfeasance
A claim for negligent misrepresentation is founded in
Negligence
An injury caused by an accident or which occurs without willful intent is called a(n) ____ tort.
Negligence
In tort law, the failure of one party to act or intervene in a certain situation is known as
Nonfeasance
Limitation of the but-for test
Overly broad
Tortious interference with a prospective advantage protects against interference with a(n) _____ contract, not one already formed
Potential
_____ statements are a defense to a defamation claim
Privileged
A ____ statute is intended to protect a state's agricultural, dairy, or beef industries.
Product disparagement
The area of law covering harm caused by defective products is called
Products liability
_____ damages are designed to punish the tortfeasor and are usually only awarded when conduct was extremely reckless or wanton.
Punitive
A _____ privilege is where the defendant must offer evidence of good faith and be absent of malice to be shielded from liability
Qualified
A(n) ____ privilege is where the defendant must offer evidence of good fait and be absent of malice to be shielded from liability
Qualified
Employers in some states who are providing references for former employees may enjoy a(n) ______ for protection of speech
Qualified privilege
Courts use a _____ standard to determine whether landowners should have acted to prevent a risk to parties who come on their land
Reasonableness
The ____ is considered a secondary source of tort law
Restatement of torts