Chapter 9 Q's

strict

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

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.

reasonableness

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

was outside the reasonable consumer's expectations.

For a party to recover for an injury caused by a product, the product must have been defective and must have created a danger that: ____________________

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

For negligent conduct, what circumstances are required for tort law to apply?

breach of duty

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

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?

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:_______.

Dissemination

One element of defamation

legal

Proximate cause is also referred to as ________ cause.

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.

second

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

tortfeasor

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

injured

The _____________ party must prove causation and damages once it is established that a product is unreasonably dangerous.

mental

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

five

There are ______ fundamental elements to a negligence claim.

Libel

_______ is written defamation

punitive

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

tort

a civil wrong where one party has committed an act that causes another to suffer harm.

intentional

false imprisonment is what category of tort?

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.

misfeasance

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

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?

Overly broad

Which of the following is a limitation of the but-for test?

design

A _____________ 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.)

defamatory

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

special

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

tortfeasor

Proximate cause tends to protect the ________ from far-reaching liability

products liability

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

comparative negligence

The defense where the tortfeasor asserts that the injured party's conduct has played a factor in the harm suffered is known as: ______.

reasonable and prudent

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

instructions

The law requires products to carry sufficient warnings and _____________.

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.

that are in plain view

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

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.

strict

________ liability is usually available for abnormally dangerous activities and for defective products.