Chapter 9 Torts and Products Liability
In general, the scope of the duty of is defined by foreseeability.
Blank 1: reasonable Blank 2: conduct
Which of the following are elements of negligence?
Duty, breach, cause in fact, legal cause, and damages
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
implied
Even if an express warranty does not exist, the UCC provides that an injured consumer may still recover under the warranty theory.
implied
The law requires products to carry sufficient warnings and
instructions
truth
is an absolute defense to a defamation claim.
Proximate cause is also referred to as
legal
A claim for fraudulent misrepresentation requires the misrepresentation of a(n)
material
The plaintiff may not recover in a negligence case if the damages are limited to _________ and/or emotional harm.
mental
Violations of safety statutes are referred to as: ______.
negligence per se
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
If someone is injured by a defective product, she can pursue the following as possible causes of action:
Negligence, Warranty, Or Strict Liability
______ Restatements of tort law have the benefit of volumes of case law and wide acceptance.
Second
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
_______, 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
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.
Blank 1: Res Blank 2: Ipsa Blank 3: Loquitur
Which of the following is an element of negligence?
Breaching the duty of care owed
liability is usually available for abnormally dangerous activities and for defective products.
Strict
Abnormally dangerous activities typically include activities that involve: ______.
a high degree of risk of harm.
Failure to fulfill obligations to another party is called a(n)
breach
Courts have determined that manufacturers have a duty of when designing, manufacturing and inspecting products.
care
For the most part, tort law is found in state
common
The goal of tort law is to: ______.
compensate the victim
Design problems, inadequate warnings, and packaging are types of defects associated with products.
defect
Improper packaging can render a product unreasonably dangerous and thus:
defective
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
A product may be defective if not manufactured or ______ properly.
designed
A representation of fact about a product is a(n)
express
liability refers to the liability of any seller of a defective good that harms a consumer.
product
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
Proximate cause tends to protect the from far-reaching liability.
tortfeasor
The tort of trade libel requires that the statement be a clear and specific reference to the disparaged party or product.
true
Which of the following is a defense to a defamation claim?
truth
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
unreasonably
Failure to warn may render a product
unreasonably
