Chapter 9: Torts and Products Liability

______ 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

A claim for negligent misrepresentation is founded in: ______ A. Absolute liability B. Negligence C. Strict liability D. Contempt

B

A claim for negligent misrepresentation is founded in: ______ A. Strict Liability B. Contempt C. Negligence D. Absolute liability

C

The _____ Restatements of tort law have the benefit of volumes of case law and wide acceptance A. Fifth B. Fourth C. Second D. Third

C

Which of the following is a limitation of the but-for-test? A. Practicality B. Costly C. Overly broad D. Overly narrow

C

_____ is a defense to a strict liability claim A. Self-defense B. Contributory negligence C. Assumption of the risk D. Comparative negligence

C

Abnormally dangerous activities typically include activities that involve:______ A. Multiple people and places B. A low degree of risk of harm C. Television and radio commericials D. A high degree of risk of harm

D

Courts use a ______ standard to determine whether landowner should have acted to prevent a risk to parties who come on their land A. Strict B. Absolute C. Contributory negligence D. Reasonableness

D

Which of the following are elements of negligence?

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

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

False

_____ is written defamation

Libel

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

Negligence, warranty, or strict liability

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

Punitive

______ is spoken defamation

Slander

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

____ is an absolute defense to a defamation claim

Truth

In the context of negligent conduct, which of the following circumstances are required for tort law to apply?

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

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

actual

Failure to fulfill obligations to another party is called a(n) ______ of duty

breach

Courts have determined that manufactures have a duty of ______ when designing, manufacturing and inspecting products

care

For the most part, tort law is found in state ______ law

common

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

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

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

damages

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

defamation

Improper packing can render a product unreasonably dangerous and thus:_________

defective

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

duty

A representation of fact about a product is a(n) ________ warranty:

express

There are ________ fundamental elements to a negligence claim

five

Fraudulent misrepresentation is also referred to as: ________

fraud

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

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

A(n) _____ tort is one where the tortfeasor's action were willful

intentional

Proximate cause is also referred to as ______ cause

legal

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

malice

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

manufacturing

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

material

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

merchants

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

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

potential

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

products

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

products

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

proximate

A(n) ______ privilege is where the defendant must offer evidence of good faith and be absent of malice to be shielded from liability

qualified

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

qualified

In general, the scope of the duty of _______ _______ is defined by foreseeability

reasonable conduct

______ ______ _______ 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 {tortfeasors} conduct tortious

restatements

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

A(n) _____ is a civil wrong where one party has committed an act that causes another to suffer harm

tort

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

tortfeasors

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

trade

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

unreasonable

Failure to warn may render a product ______ dangerous

unreasonably

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: ______ A. Certain common areas B. Rabid animals escaped from the local zoo C. Children's injuries D. Strict torts

A

The _____ has to prove a cause in fact in a negligence case A. Injured party B. Judge C. Tortfeasor D. Jury

A

Torts involving harm caused by defective products is called:______ A. Products liability B. Products abnormality C. Estate planning D. Negligence

A

A product that is _______ designed and manufactured correctly with adequate warnings, but is still dangerous A. Inherently dangerous B. Sequentially defective C. Conditionally dangerous D. Superficially defective

A

A(n) ______ statute is intended to protect a state's agricultural, dairy, or beef industries A. Product disparagement B. Farm Improvement C. Industry disparagement D. Product protection

A

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 A. Unreasonably B. Unbelievably C. Believably D. Reasonably

A

Damages allowed for spouses or children of parties injured by negligence are called ______ damages A. Loss of consortium B. Strict liability C. Punitive D. Nominal

A

Defamation is a false statement that is published to a third party that results in:______ A. Damages B. Anger C. Inconvenience D. Hurt Feelings

A

A claim for negligent misrepresentation is founded in: _______ A. Contempt B. Negligence C. Absolute liability D. Strict Liability

B

For an injured consumer to recover, she must prove the product was defective and:_______ A. Created an unreasonable danger B. Not capably of being made safe C. Created a danger outside the reasonable consumer expectations D. Unreasonably dangerous and unable to make safe

C

Laws of negligence impose liability when one's conduct is: _______ A. Vengeful B. Purposeful C. Intentional D. Unreasonable

D

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

mental

A product may be defective if not manufactured or ______ properly A. Advertised B. Designed C. Managed D. Financed

B

To qualify as a defamatory statement, the victim's reputation must be: ______ A. Impeccable B. Harmed C. Improved D. In the public light

B

An injury caused by an accident or an event which occurs without willful intent is called a(n) ______ tort A. Intentional B. Products liability C. Negligence D. Strict Liability

C

Courts use a _______ standard to determine whether landowners should have acted to prevent a risk to parties who come on their land A. Contributory negligence B. Strict C. Absolute D. Reasonableness

D

______ is a defense to a products liability claim A. Strict liability B. Product mistake C. Statute of frauds D. Product misuse

D

________, 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. A. Abnormally dangerous activities B. Dram shop C. Strict liability D. Assumption of duty

D

In tort law, the failure of one party to act or intervene in a certain situation is known as: ______ A. Nonfeasance B. Misfortune C. Feasance D. Misfeasance

A

Most courts favor defining the scope of risk in negligence cases by: _______ A. Foreseeability B. Practicability C. Responsibility D. Accountability

A

Neither intent nor negligence need be proven in what types of cases? A. Strict liability B. Contributory negligence C. Intentional torts D. Comparative negligence

A

The defense where the tortfeasor asserts that the injured party's conduct has played a factor in the harm suffered is known as:_______ A. Comparative negligence B. Shared negligence C. Assumption of the risk D. Complicated negligence

A

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

A

_____ privilege is where the defendant need not offer any further evidence to assert the defense

Absolute

A(n) ______ statute is intended to protect a state's agricultural, dairy, or beef industries A. Industry disparagement B. Product disparagement C. Product protection D. Farm improvement

B

Celebrities and political candidates would be examples of: _______ A. Third Party Beneficiaries B. Public Figures C. Criminals D. Tortfeasors

B

Damages allowed for spouses or children of parties injured by negligence are called ______ damages A. Punitive B. Loss of consortium C. Strict liability D. Nominal

B

If a party fails to satisfy its obligations to another party, this is known as a: A. Degradation of duty B. Breach of duty C. Failure of duty

B

If one relies on an official document or a statement made by a public official which unknowingly turns out to be false, no cause of action for defamation based on: _____ A. Absolute Privileges' B. Fair Report Privileges' C. Truth of the matter D. Actual malice

B

Law of negligence impose liability when one's conduct is: _______ A. Vengeful B. Unreasonable C. Purposeful D. Intentional

B

Products liability laws may take the form of state ______ law or state statutes that expressly impose liability for injuries that result from products A. Securities B. Common C. Exemptions D. Subrogation

B

Res ipsa loquitur is Latin for: ________ A. the spoken is the law B. the thing speaks or itself C. the thing means the most D. the spoken means nothing

B

Strict liability will not apply in a products liability case if there has been a ______ to the product before it reaches the end user A. Substantial upgrade B. Substantial change C. Minimal upgrade D. Recent upgrade

B

The _______ rule allows for liability for negligently manufactured products to include any injuries to persons and not just the actual purchaser A. MacDouglas B. MacPherson C. McDonald's D. MacDaniel

B

The area of law covering harm caused by defective products is called: _______ A. Constitutional Law B. Products liability C. Criminal Procedure D. Civil Procedue

B

Violations of safety statutes are referred to as: _______ A. Res ipsa loquitur B. Negligence per se C. Strict liability D. Dram shop laws

B

Which of the following is an element of defamation? A. True Statement B. Dissemination C. Physical Harm D. Negligence

B

______ 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. A. Contributory negligence B. Assumption of the risk C. Comparative negligence D. Self defense

B

_______ has been extended by the states to protect state legislators for statements made in the course of carrying out their duties A. Mediation B. Immunity C. Arbitration D. Condemnation

B

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):_____ A. Unknown cause B. Unidentified cause C. Superseding cause D. Preceding cause

C

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):________ A. Unidentified cause B. Unknown cause C. Superseding cause D. Preceding cause

C

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: A. Could not be avoided B. Was inherently dangerous C. Was outside the reasonable consumer's expectations D. Could not be made safe with technology at the time

C

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 _______ A. A legal, break in the chain of custody B. A direct, an incidental action C. The closet-in-proximity, a superseding cause D. An incidental, a superseding cause

C

Laws that impose liability on owners and employees public establishments where alcohol is served and called _____ laws A. Responsible shop B. Dream shop C. Dram shop D. Public house (pub)

C

The intentional infliction of confinement upon another party is: _______ A. Attempted murder B. Negligent infliction of emotional distress C. False imprisonment D. Burglary

C

The merchant's privilege is limited to: ______ A. Wherever the suspect flees B. The area within the merchant's vision C. The merchant's premises and immediately adjacent area D. No specific area

C

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

C

Dissemination to a third party, a requirement of the defamation law, requires that _______ A. The false statement must be published in print to qualify as an actionable offense B. The defamatory statement must be about a specific party C. The defamatory statement must have a tendency to damage the reputation of the plaintiff D. The false statement must reach the eyes or ears of a third party

D

False imprisonment falls into which tort category? A. Assumption of the risk B. Strict liability C. Negligence D. Intentional

D

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. A. Dissolved B. Ameliorated C. Prevented D. Assumed

D

Laws that impose liability on owners and employees of public establishments where alcohol is served are called ________ laws A. Responsible shop B. Dream shop C. Public house (pub) D. Dram shop

D

Most courts use which test when establishing a cause link between breach of duty and damages? A. Absolute liability test B. Smell test C. Strict scrutiny test D. But-for test

D

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 A. Unreasonable, inherently B. Defective, inherently C. Negligent, unreasonable D. Defective, unreasonably

D

The _____ must prove the elements of the defense of assumption of the risk. A. Injured party B. Judge C. Jury D. Tortfeasor

D

The goal of tort law is to:______ A. Punish the victim B. Compensate the tortfeasor C. Punish the tortfeasor D. Compensate the victim

D

The law imposes a general duty on all people to act in a(n) _______ manner under the circumstances A. Offensive and reasonable B. Defensive and prudent C. Defensive and reasonable D. Reasonable and prudent

D

The tort of contract interference is a(n) _____ tort A. Negligence B. Strict liability C. Unintentional D. Intentional

D

______ liability is usually available for abnormally dangerous activities and for detective products

strict