MGT 340 Ch. 9 Homework

The intentional touching of another person, without that person's consent, in a harmful or offensive manner is called _____.

Battery.

Which of the following individuals is protected against defamation claims through a qualified privilege?

A non-government official who relies on and cites an official public document while making a public allegation. - Qualified privilege is one whereby the defendant must act in good faith and without malice to secure immunity from a defamation claim. Under fair report privilege, if one relies on an official public document or a statement made by a public official and cites the document or public statement when making the alleged defamatory statement, no cause of action for defamation occurs unless the speaker knows the statement is false.

Elise was injured when her Proper Pour coffee pot spontaneously shattered. Elise may pursue a products liability claim against Proper Pour under all of the theories of liability listed below, except

Assumption of Risk - In a products liability case, the injured party may pursue a legal remedy against the seller under one of three theories of liability: (1) negligence, (2) warranty, or (3) strict liability. In the above scenario, Elise can pursue her products liability claim under any of these three theories. Assumption of risk is a defense the seller might be able to use in response to a products liability claim and is not a theory of liability.

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

False - Failure to warn may render a product unreasonably dangerous even in the absence of any manufacturing or design defects. One common category of inadequate-warning cases involves prescription drugs, but the theory of unreasonable danger applies to all products that carry some danger in use (such as a lawn mower or snow thrower).

Oliver is a retailer who sells outdoor equipment and gear. Oliver is unaware that one of the insect repellent brands he sells can cause a dangerous allegoric reaction, particularly in children. Because Oliver did not actually know that the repellent was dangerous, a court could not impose strict liability on Oliver.

False - In this situation, Oliver could still be liable for a strict liability tort. Strict liability torts, in which a tortfeasor may be held liable for an act regardless of intent or willfulness, applies primarily in cases of defective products and abnormally dangerous activities. A retailer, who is unaware of the potential danger his products might cause, can still be liable if his products cause actual damage.

A failure to act can never be considered a tort, even if it causes a loss to or injury to another party.

False - A tort is a civil wrong where 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. The law provides a remedy for one who has suffered an injury by compelling the wrongdoer to pay compensation to the injured party.

To prove a defamation claim, plaintiff must prove that the defendant's statement was _________.

Provably False - In order to qualify as defamatory, the statement made about the plaintiff must be false, not merely unkind. Moreover, if a statement was pure opinion, that statement is not defamatory. That is, a defamatory statement is one that must be provably false.

Employees of print media organizations are afforded a qualified protection from defamation liability so long as they HAVE acted in good faith and without malice.

True - Employees of media organizations (e.g., television, radio, periodicals) are afforded a qualified protection from defamation liability. So long as the media have acted in good faith, without malice, and without a reckless disregard for the truth, the media is protected from liability through privilege as a defense for unintentional mistakes of fact in their reporting.

Products liability laws that cover individuals who are injured by a product may take the form of state common law or state statutes.

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 that expressly impose liability for injuries that result from products. These statutes are based primarily on the Restatements and are relatively uniform from state to state.

Under the doctrine of res ipsa loquitur, the injured party can prove a negligence claim by ______.

using the facts of the case to create a presumption of negligence. - The doctrine of res ipsa loquitur (a Latin phrase meaning "the thing or matter speaks for itself") is deep-seated in American tort law. This doctrine allows an injured party to create a presumption that the tortfeasor was negligent by pointing to certain facts that infer negligent conduct. Through res ipsa loquitur, the injured party can make a successful negligence claim without showing exactly how the tortfeasor behaved.