chapter 42
Laws based on the Restatements that cover individuals who are injured by a product are known as ______ laws.
product liability
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
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
One of the key elements to prove defamation is _________ or dissemination to a third party.
publication
A duty can be a general obligation to act in a(n) _______ manner so as not to put another in harm's way
reasonable
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
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
Business managers may encounter tortious interference with contracts in the context of _______.
restrictive covenants
The Constitution limits agency actions that violate the _______ Amendment against unreasonable searches or seizures or the _______ Clause, which protects fundamental expectations of fairness.
Fourth, Due Process
_______ 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
_______ 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
Torts fall into one of three general classes: _______.
strict liability negligence intentional torts
Contract law allows a contract to be canceled if a party makes false representations concerning _______
a material fact
A tortfeasor may be held strictly liable in cases primarily involving _______ and _______ activities
abnormally dangerous defective products
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 for an injured party to recover damages for tortious interference with contract, the tortfeasor must have : ________.
actively interfered with the contract specific knowledge of the contract caused specific damages to the injured party
A public figure must provide evidence that a defamer had '_______' the statement was false or had a _______ for the truth.
actual knowledge, reckless disregard
If one party owes another a legal duty, then failing to meet these obligations is known as a(n) _______
breach of duty
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
Generally, tort law is governed by _______ law principles and the _______ of Torts.
common restatement
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)
does not coerce merchant's privilege
In order to prevail in a negligence case, the plaintiff's damages cannot be based on _______ harm alone.
emotional mental
The statutes that create an agency or give the agency explicit authority to implement a statute are called _______ statutes.
enabling
When Congress authorizes an existing agency or creates a new administrative agency, it passes a federal law called a(n) _______ statute.
enabling
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
In order to show that a superseding act limits a tortfeasor's liability, the element of ________ must be proven.
foreseeability
The law imposes a general duty on everyone to act reasonably and the scope of that duty is defined by _______.
foreseeability
Courts only allow recovery for tortious interference with prospective advantage under limited circumstances where the tortfeasor's conduct was _______.
highly anticompetitive
Generally, defamation can include ______ or _______.
libel slander
A merchant's privilege is limited by: ______.
location length of detention coercion for payment
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
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
An injured party may sue for _______ when a competitor makes a false statement that disparages a competing product.
trade libel
Negligence occurs when a tortfeasor causes harm to an injured party by creating an _______ risk of harm, regardless of the tortfeasor's _______.
unreasonable, intent
Tort law is intended to compensate injured parties for losses resulting in harm from some _______ conduct by the _______
unreasonable, tortfeasor
Courts allow recovery for misrepresentations that are not intentional but are _______ misrepresentations in business relationships.
negligent
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
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
The _______ Act is a federal statute that imposes specific procedural requirements on administrative agencies' various functions, and provides for the _______ of agency actions and determinations.
Administrative Procedure, judicial review
The tort of negligence has specific elements, including: _______
Damages Causation Duty Breach of Duty
The tort of negligence has specific elements, including: _______.
Damages Duty Causation Breach of Duty
To prove a legal causation, the plaintiff must prove that the tortfeasor's:_______ and _______.
liability was not canceled due to a superseding cause conduct was the closest-in-proximity to causing the damages
The initial consideration in a negligence analysis is whether the tortfeasor owed the injured party a(n) _______
legal duty
A defendant in a defamation case may avoid liability if the defamatory statement was _______
privileged
A defendant in a defamation case may avoid liability if the defamatory statement was _______.
privileged