LSB CH 46

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

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

reasonable

If a person has begun to render assistance when she has no duty to do so, she must render assistance with _______.

reasonable care

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

Business managers may encounter tortious interference with contracts in the context of _______.

restrictive covenants

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

A merchant's protection may be limited by

coercion for payment location length of detention

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

Sometimes an intervening event, called a(n) _________, takes place after the tortfeasor's negligent act.

superseding cause

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 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

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

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

foreseeability

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

legal duty

A(n) _______ is a defense that gives the merchant the right to briefly detain a suspected shoplifter as long as the merchant _______ the suspected shoplifter. (Choose two best answers)

merchant's privilege does not coerce

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

product liability

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

Causation Breach of Duty Duty Damages

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

Common, Restatement

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

Contributory

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

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

but-for test

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

_______ is recognized as a tort when the innocent party relies on a material misstatement of fact in a contract and suffers a pecuniary loss.

Fraud

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

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.

Contract law allows a contract to be canceled if a party makes false representations concerning _______.

a material fact

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

In order to recover in a negligence case, the tortfeasor must have caused the plaintiff _______, which generally means ________. (Choose two correct answers) Multiple choice question.

actual damages, physical harm

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

actual knowledge, 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

An exception to the general duty to act (or rescue) is _______ which occurs when one party renders assistance even when there is no legal obligation to do so.

assumption of duty

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

breach of duty

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

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

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

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 _______.

forseeable, alternative

Courts only allow recovery for tortious interference with prospective advantage under limited circumstances where the tortfeasor's conduct was _______.

highly anticompetitive

Torts fall into one of three general classes: _______. (Choose three best answers)

intentional torts negligence strict liability

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

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

Generally, defamation can include ______ or _______.

libel slander

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

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

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

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 _______.

negligence per se

Courts allow recovery for misrepresentations that are not intentional but are _______ misrepresentations in business relationships.

negligent

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

privileged truthful

In addition to showing the cause in fact, the plaintiff also must prove the tortfeasor's conduct was the _______ of the damages.

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

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

In order for an injured party to recover damages for tortious interference with contract, the tortfeasor must have : ________. (Choose all that are correct)

specific knowledge of the contract caused specific damages to the injured party actively interfered with the contract

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

strict liability

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

substantial

An injured party may sue for _______ when a competitor makes a false statement that disparages a competing product.

trade libel

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

unavoidably unsafe inherently dangerous

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

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

unreasonably dangerous

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

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)

warranty strict liability negligence

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