LSTD Chp. 9 Smartbook Questions

Misfeasance

According to tort law, an act by one party that harms or endangers another, is known as:

dissemination

Which of the following is an element of defamation?

strict

A category of tort where liability will be imposed, regardless of intent or willfulness, is called ____ liability.

suspected retail theft.

A claim for false imprisonment in the commercial setting commonly presents itself in cases of: _____.

Negligence

A claim for negligent misrepresentation is founded in: __________.

Tortfeasor

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.

defamatory

A false or untrue statement concerning another's reputation or honesty is referred to as a(n) ____ statement.

express

A representation of fact about a product is a(n) warranty.

qualified

A(n) _____ privilege is where the defendant must offer evidence of good faith and be absent of malice to be shielded from liability.

product disparagement

A(n) _______ statute is intended to protect a state's agricultural, dairy, or beef industries.

design

A(n) defect is one in which there is a foreseeable risk of harm presented by the product and an alternative design could have avoided the risk. (Please use one word per blank.)

special

An injured party generally may not hold a defendant liable for nonfeasance unless the parties were in a(n) _____ relationship as defined by the law.

public figures

Celebrities and political candidates would be examples of: ______.

reasonableness

Courts use a __________ standard to determine whether landowners should have acted to prevent a risk to parties who come on their land.

damages

Defamation is a false statement that is published to a third party that results in: ______.

the false statement must reach the eyes or ears of a third party

Dissemination to a third party, a requirement of the defamation law, requires that _____.

qualified privilege

Employers, in some states, who are providing references for former employees may enjoy a(n) _________ for protection of speech.

implied

Even if an express warranty does not exist, the UCC provides that an injured consumer may still recover under the ____ warranty theory.

intentional

False imprisonment falls into which tort category?

damages

For an injured party to be successful on a claim for contract interference, the injured party must prove that the tortfeasor had knowledge of the contract, actively interfered with the contract, and caused identifiable _____ to the injured party.

common

For the most part, tort law is found in state _____ law

Negligence, Warranty, Or Strict Liability

If someone is injured by a defective product, she can pursue the following as possible causes of action: ______.

strict

In addition to negligence and warranty theory, an injured consumer may also recover under a(n) ____ liability theory for harm caused by defective products.

the closest-in-proximity, a superseding cause

In proving 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 __________.

When one party does not act reasonably, When one party's actions unintentionally cause harm

In the context of negligent conduct, which of the following circumstances are required for tort law to apply? (Check all that apply.)

Nonfeasance

In tort law, the failure of one party to act or intervene in a certain situation is known as: __________

unreasonable

Laws of negligence impose liability when one's conduct is: __________.

dram shop

Laws that impose liability on owners and employees of public establishments where alcohol is served are called ________ laws.

But-for test

Most courts use which test when establishing a causal link between breach of duty and damages?

defective, unreasonably

Section 402A of the Restatement imposes strict liability on the seller so long as the injured party can show that the product was in a(n) ______ condition and that the defect rendered the product ______ dangerous.

qualified

So long as the media acts in good faith, without malice, and without a reckless disregard for the truth, the media will enjoy _____ protection from defamation liability.

Restatements

The ____ define proximate cause as that which helps draw the line that determines when a tortfeasor is "not liable for harm different from harms whose risk made the [tortfeasor's] conduct tortious".

merchant's

The _____ privilege shields a merchant from reasonably detaining a party suspected of shoplifting.

products liability

The area of law covering harm caused by defective products is called: ______.

five

There are fundamental elements to a negligence claim.

harmed

To qualify as a defamatory statement, the victim's reputation must be: ______.

misfeasance, nonfeasance

Tort law allocates liability based on a fundamental difference between ______ or some act by one party that harms or endangers another party, and ______ or the failure to act or intervene in a certain situation.

potential

Tortious interference with a prospective advantage protects against interference with a(n) _____ contract, not one already formed.

products liability

Torts involving harm caused by defective products is called: ______.

false

True or false: General untrue statements about a profession or group as a whole are defamation.

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 plaintiff's own actions.

that are in plain view.

Under the merchant's privilege, the merchant may seize stolen items: ______.

negligence per se

Violations of safety statutes are referred to as: ______.

Libel

_____ is written defamation.

Res Ipsa Loquitur

____is the legal doctrine that allows a plaintiff to create a presumption of negligence against the defendant by inferring negligence in the absence of actual evidence.

a high degree of risk of harm.

Abnormally dangerous activities typically include activities that involve: ______.

negligence

An injury caused by an accident or which occurs without willful intent is called a(n) ______ tort

superseding cause

An intervening act that adds to the plaintiff's injury and normally takes place after the tortfeasor's negligent act is referred to as a(n): ______.

intentional tort

Fraudulent misrepresentation is a(n): ______.

fraud

Fraudulent misrepresentation is also referred to as:

absolute

Government officials fall into the ____ privilege category.

trade

If a competitor makes a false statement that disparages a competing product, the injured business may sue for _____ libel.

malice

If the victim of defamation is a public figure, the defamation must have been committed with ____ or reckless disregard for the truth.

Foreseeability

In general, the scope of the duty of care is defined by:

certain common areas

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:_______.

common

Products liability laws may take the form of state __________ law or state statutes that expressly impose liability for injuries that result from products

legal

Proximate cause is also referred to as ____ cause.

the thing speaks for itself.

Res ipsa loquitur is Latin for:______.

MacPherson

The ______ rule that allows for liability for negligently manufactured products to include any injuries to persons and not just the actual purchaser.

proximate

The broad sweep of the but-for-test requires another step in the analysis, often referred to as the _____ (legal) cause test.

breach

The failure to meet obligations when there is a duty to do so is called a(n) _____ of duty in a negligence case.

duty

The first step in analyzing a negligence claim is to determine whether the tortfeasor owed a legal _____ (one word) to the injured party

compensate the victim

The goal of tort law is to: ______.

False Imprisonment

The intentional infliction of confinement upon another party is: __________.

metal

The plaintiff may not recover in a negligence case if the damages are limited to ____ and/or emotional harm.

defamation

The tort of ______ occurs when a false statement is published that harms another's reputation.

intentional

The tort of contract interference is a(n) ________ tort.

Duty, breach, cause in fact, legal cause, and damages

Which of the following are elements of negligence?

cause in fact

Which of the following describes the link between the breach of standard of care and the damages suffered by the injured party?

truth

Which of the following is a defense to a defamation claim?

Barry Layne is an arsonist

Which of the following, if untrue and published to a third party, would be defamation?

Punitive

____ damages are designed to punish the tortfeasor and are usually only awarded when conduct was extremely reckless or wanton.

privilege

____ is a defense that recognizes either a legal or public policy-based immunity from a defamation claim.

assumption

____ 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 of Risk

______ defense is used when the defendant must prove that the injured party knew that a substantial and apparent risk was associated with certain conduct and the party voluntarily proceeded with the activity anyway.

immunity

__________ has been extended by the states to protect state legislators for statements made in the course of carrying out their duties.