Chapter 9 Smartbook

‎__________‎ 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

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

Immunity

False imprisonment falls into which tort category?

Intentional

‎__________‎ is written defamation.

Libel

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

Overly broad

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.

comparative

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

Cause in fact

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

common

Which of the following is an element of negligence?

Breaching the duty of care owed

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

But-for test

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

Privilege

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

Strict

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

damages.

Proximate cause is also referred to as ‎__________‎ cause.

legal

A claim for negligent misrepresentation is founded in: __________.

negligence

An injured consumer may recover under strict liability if the injured consumer can prove that the product was defective and the defect made the product ______ dangerous.

unreasonably

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

Barry Layne is an arsonist.

Which of the following is an element of defamation?

Dissemination

Which of the following are elements of negligence?

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

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

Punitive

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

Strict liability

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

Truth

Abnormally dangerous activities typically include activities that involve: ______.

a high degree of risk of harm.

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

foreseeability or foreseeable

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

negligence

Violations of safety statutes are referred to as: ______.

negligence per se

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

nonfeasance

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

unreasonable

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

MacPherson

If an injured party knows or should know of a risk associated with a product, but they continue to use the product anyway, the injured party has ______ the risk.

assumed

Improper packaging can render a product unreasonably dangerous and thus: ‎__________‎.

defective

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.

defective, unreasonably

The ‎__________‎ party must prove all elements of negligence to be successful.

injured or harmed

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

potential

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

products liability.

A(n) ‎__________‎ tort is one where the tortfeasor's actions were willful.

intentional

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

actual

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

breach of duty

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

created a danger outside the reasonable consumer expectations.

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

material

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

reasonableness

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.

special

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

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

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

dram shop

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

implied

Design problems, inadequate warnings, and ‎__________‎ packaging are types of defects associated with products.

improper, inadequate, poor, defective, defect, inappropriate, or faulty

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

merchant's, merchants, or merchant

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

misfeasance

Failing to use a product in a manner that an ordinarily prudent person would have is the defense of product ‎__________‎.

misuse

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) ___________ manner under the circumstances.

reasonable and prudent

The merchant's privilege is limited to: ______.

the merchant's premises and immediately adjacent area.

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

the plaintiff's voluntary participation in the activity

Res ipsa loquitur is Latin for:______

the thing speaks for itself.

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

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.

tortfeasor or tortfeasors

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

tortfeasor or tortfeasors

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: ______.

was outside the reasonable consumer's expectations.

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

Negligence, Warranty, Or Strict Liability

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

False

True or false: In an action for trade libel, the one making the defamatory remark is the injured party.

False

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

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

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

breach

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

care

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

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

common

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

The goal of tort law is to: ______.

compensate the victim.

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

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

mental

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

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

intentional

The ______ is considered a secondary source of tort law.

Restatement Of Torts

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

express or expressed

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

trade

Failure to warn may render a product ‎__________‎ dangerous.

unreasonably

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

designed

_______, 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

______ is a defense to a strict liability claim.

Assumption of the risk

______ statements are a defense to a defamation claim.

Privileged

_____ is a defense to a products liability claim.

Product misuse

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

Products

‎__________‎ ‎__________‎ ‎__________‎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?

Speech and debate clause

‎__________‎ is an absolute defense to a defamation claim.

Truth

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

damages or damage

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, losses, or loss

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

defamation

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

defamatory, defamation, or defaming

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.)

design, designed, manufacturing, manufactured, or manufacture

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

duty, responsibility, or obligation

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

A product that is ______ is designed and manufactured correctly with adequate warnings, but is still dangerous.

inherently dangerous

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

injured

The law requires products to carry sufficient warnings and ‎__________‎.

instructions, instruction, or directions

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

product disparagement

Strict liability will not apply in a products liability case if there has been a ______ to the product before it reaches the end user.

substantial change

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.

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

suspected retail theft.

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

One who commits a tort is referred to as the: ______.

tortfeasor