Chapter 9

_______, 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

______ 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.

Assumption of the risk

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

False For a valid defamation claim, the untrue statement must be about a particular party, business or product.

False imprisonment falls into which tort category?

Intentional

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

MacPherson

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

Privilege

Which of the following is a defense to a defamation claim? Multiple choice question. Self-defense Truth Comparative negligence Assumption of the risk

Truth

Government officials fall into the _ privilege category.

absolute

Judicial officers, when participating in a judicial hearing, are given ______ protection.

absolute privilege

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

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.

comparitive

The goal of tort law is to: ______.

compensate the victim

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.

damages, damage, loss or losses

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

express

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

There are _ fundamental elements to a negligence claim.

five

Proximate cause is also referred to as _ cause.

legal

_ is written defamation.

libel

Damages allowed for spouses or children of parties injured by negligence are called ________ damages.

loss of consortium

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

malice

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

potential

_ liability refers to the liability of any seller of a defective good that harms a consumer.

product

_ is spoken defamation.

slander

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

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.

strict

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): ______.

superseding cause.

Res ipsa loquitur is Latin for:______.

the thing speaks for itself.

The ______ Restatements of tort law have the benefit of volumes of case law and wide acceptance.

Second

For the most part, tort law is found in state _ law.

common

Which of the following, if untrue and published to a third party, would be defamation? Multiple choice question. Barry Layne is an arsonist. All accountants are crooks. Politicians are crazy. Attorneys are evil.

Barry Layne is an arsonist.

______ statements are a defense to a defamation claim.

Privileged

Physical harm derived from an injury caused by the tortfeasor is called _ damages.

actual

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

that are in plain view.

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

But-for test

Which of the following is an element of defamation? Multiple choice question. True statement Physical harm Dissemination Negligence

Dissemination

What are the elements of negligence?

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

True or False: The tort of trade libel requires that the statement be a clear and specific reference to the disparaged party or product.

True This is true. The tort of trade libel requires that (1) the statement be a clear and specific reference to the disparaged party or product, (2) be made with either knowledge that the statement is false or reckless disregard for the truth, and (3) be communicated to a third party (similar to defamation).

_ is an absolute defense to a charge of defamation.

Truth

Medical bills, lost wages, and pain and suffering are examples of: ______.

damages

Violations of safety statutes are referred to as: ______.

negligence per se

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

unreasonable

Which of the following is a limitation of the but-for test? Multiple choice question. Overly broad Overly narrow Practicality Costly

Overly broad

Neither intent nor negligence need be proven in what types of cases?

Strict liability

If a party fails to satisfy its obligations to another party, this is known as a: ______.

breach of duty

The tortfeasor's wrongful conduct is referred to as _ conduct.

tortious

Failure to warn may render a product dangerous.

unreasonable

Landowners owe a general duty to parties off the land from any _ risks to them caused by something on the land.

unreasonable

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

duty

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

false imprisonment

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

merchant

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.

misfeasance, nonfeasance

Abnormally dangerous activities typically include activities that involve: ______.

a high degree of risk of harm.

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

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

damage

Lost profit or loss of employment would be examples of _ in a defamation suit.

damages or damage

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

defamation

The tort of ______ occurs when a false statement is published that harms another's reputation. Multiple choice question. negligence defamation deception battery

defamation

A product may be defective if not manufactured or ______ properly.

designed

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

dram shop

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 victim's reputation must be: ______.

harmed

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

implied

A claim for negligent misrepresentation is founded in: __________.

negligence

Celebrities and political candidates would be examples of: ______.

public figures.

Which of the following describes the link between the breach of standard of care and the damages suffered by the injured party? Multiple choice question. Causal commotion Cause in fact Probable cause Cause and effect

Cause in fact

_ _ _ 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.

Res Ipsa Loquitur

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".

Restatements

Which of the following gives members of Congress protection from liability for any statements made during a congressional debate? Multiple choice question. Speech and debate clause Tax and spend clause Privileges and immunities clause Free exercise clause

Speech and debate clause

In the context of negligent conduct, which of the following circumstances are required for tort law to apply? (Check all that apply.) Multiple select question. When one party does not act reasonably When one party's actions unintentionally cause harm When one party suffers monetary loses as a result of its own actions When one party completes its contractual requirements

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

Courts have determined that manufacturers have a duty of _ when designing, manufacturing and inspecting products.

care

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

common

For an injured consumer to recover, she must prove the product was defective and:______.

created a danger outside the reasonable consumer expectations.

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

intentional

A claim for fraudulent misrepresentation requires the misrepresentation of a(n) _ fact.

material

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

product disparagement

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

proximate

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. (Please use one word per blank.)

qualified

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

qualified privilege

The law imposes a general duty on all people to act in a(n) _____ and _____ manner under the circumstances.

reasonable and prudent

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

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

Assumption of the risk is a defense based on: __________.

the plaintiff's voluntary participation in the activity

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

Proximate cause tends to protect the _ from far-reaching liability.

tortfeasor

The ______ must prove the elements of the defense of assumption of the risk.

tortfeasor

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

trade

_ 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

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

Punitive

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

mental

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

negligence

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

products liability

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

products liability.

In general, the scope of the duty of _ _ is defined by foreseeability.

reasonable conduct

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

reasonableness

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 ______.

the closest-in-proximity, a superseding cause