Torts Flashcards
(132 cards)
1
Q
A tort is a civil (i) _______ committed against another.
A
(i) wrong
2
Q
(i) ________ is a (ii) _______ or (iii) _______ contact with the plaintiff’s person, (iii) _________ caused by the defendant.
A
(i) battery; (ii) harmful; (ii) offensive; (iii) intentionally
3
Q
For battery, contact is offensive if the plaintiff has not (i) ______ or (ii) _______ consented
A
(i) expressly; (ii) impliedly
4
Q
(i) ________ is the intentional creation by the defendant of a (ii) _________ _________ of (iii) __________ harmful or offensive contact to the plaintiff’s person
A
(i) assault; (ii) reasonable apprehension; (ii) immediate
5
Q
False (i) __________ is an intentional act or (ii) _______ by the defendant that causes the plaintiff to be (iii) __________ or restrained to a (iv) _______ area. Confinement or restraint includes threats of force, false arrest, and failure to provide a means of escape.
A
(i) arrest; (ii) omission; (iii) confined; (iv) bounded
6
Q
Intentional (i) _______ of ________ _________ is (ii) ______ and _________ conduct by the defendant that causes the plaintiff to suffer (iii) _________ emotional distress. (physical injuries are not required)
A
(i) infliction of emotional distress; (ii) extreme and outrageous; (iii) severe
7
Q
Trespass to (i) _______ is an intentional (ii) _____ of the plaintiff’s real property.
A
(i) land; (ii) intentional invasion
8
Q
Trespass to (i) _________ is the intentional (ii) _________ with the plaintiff’s rights to possess chattel, resulting in (iii) _____. If the damage is serious, it’s likely transformed into (iv) ________.
A
(i) chattel; (ii) interference; (iii) damages; (iv) ocnversion
9
Q
(i) __________ is an intentional act to (ii) _________ interfere with the plaintiff’s right in chattel. The interference is so serious that the defendant should pay the full (iii) _____ value of the chattel (in effect, a forced sale).
A
(i) conversion; (ii) chattel; (iii) market
10
Q
Intent will be (i) _______ from the intended (ii) _____ to the committed tort, OR from the intended (iii) ________ to the actual victim
A
(i) transferred; (ii) tort; (iii) victim
11
Q
Consent is a defense to an intentional tort, when it is either (i) _______ or (ii) ______.
A
(i) express; (ii) implied
12
Q
Defense of others, defense of property, and self-defense are available tort defenses where the defendant (i) ________ believed that the tort is being or about to committed
A
(i) reasonably
13
Q
In defense, only (i) _______ force may be used. (ii) _____ force is permitted if (iii) ______ believed to be necessary to prevent serious bodily harm (never to protect property). The (iv) _______ privilege permits the reasonable (v) __________ of someone who the shopkeeper reasonably believes has stolen goods.
A
(i) reasonable; (ii) deadly; (iii) reasonably; (iv) shopkeeper’s; (v) detention
14
Q
The prima facie negligence case includes: (i) a _____ of care, (ii) a _____ of that duty, (iii) that the breach was the ______ and ______ cause of the plaintiff’s injury, and (iv) that the plaintiff suffered __________ to person or property.
A
(i) duty of care; (ii) breach of duty; (iii) actual and proximate; (iv) damages
15
Q
The general standard of care is that of a (i) ________ ______ person under the same or similar circumstances (average mental ability, same physical characteristics, of defendant). Professionals must exercise the (ii) ______ and _____ of a member of their profession, in good standing. Children must conform to the standard of care of a child of like (iii) _______, _______, _________ and experience (except in adult activities).
A
(i) reasonably prudent; (ii) knowledge and skill; (iii) age, education, intelligence, and experience
16
Q
A landowner’s duty of care to a (i) __________ is nothing to an undiscovered trespasser. For discovered (and anticipated) trespassers, the landowner has a duty to (ii) ______ or make _________ known, (iii) ______ ______, _________ conditions, if not obvious to a trespasser.
A
(i) trespasser; (ii) warn or make safe; (iii) highly dangerous, artificial
17
Q
A (i) _______ is one who comes onto the land with express or implied permission, but for their own purposes (like a social guest). The landowner’s duty is the same as for discovered trespassers, EXCEPT that it applies to (ii) ______ dangerous artificial and natural conditions (not just highly dangerous artificial conditions).
A
(i) licensee; (ii) all
18
Q
A criminal statute may serve to establish a specific standard of care (negligence per se) if the plaintiff is within the (i) ________ that the statute was meant to (ii) _______, and the statute was designed to prevent the (iii) _____ of ______ suffered.
A
(i) class; (ii) protect; (iii) type of harm
19
Q
Negligent infliction of emotional distress is where the defendant breaches a duty to the plaintiff by creating a risk of physical injury, and the plaintiff suffers (i) _______ ________ as a result.
A
(i) emotion distress
20
Q
For a negligent infliction of emotional distress claim, the plaintiff must be within the (i) _____ of ______ and experience (ii) _______ symptoms for the distress.
A
(i) zone of danger; (ii) physical
21
Q
A plaintiff may have a claim for NIoED where the defendant breaches a duty to a bystander not in the zone of danger, who is (i) _______ ______ to the injured person, who was (ii) _______ at the scene of the injury, and who (iii) _______ witnesses or perceived the event.
A
(i) closely related; (ii) present; (iii) personally
22
Q
There is also an exceptional case of NIoED where the relationship between the plaintiff and defendant has great potential to directly cause emotional distress, for instance, a (i) _________ erroneously reporting the (ii) _____ of a family member.
A
(i) hospital; (ii) death
23
Q
Whether the defendant (i) _________ the standard of care is a question for the (ii) _____ of _____.
A
(i) breached; (ii) trier of fact
24
Q
Under (i) ___ _____ _________, the fact that an injury occurred may create an inference that the defendant (ii) _______. There are three requirements to invoke res ipsa loquitur: the accident it the type that would not have occurred with out (iii) _________; the negligence is (iv) ______ to the defendant (who usually had exclusive control of the instrumentality); and the injury is not attributable to the plaintiff’s own (v) ______.
A
(i) res ipsa loquitur; (ii) breached; (iii) negligence; (iv) attributable; (v) conduct/behavior
25
(i) ______ cause is usually established by the (ii) ____ for test.
(i) actual; (ii) but for
26
When two acts bring about an injury, and either one along would have sufficed to cause injury, the acts (i) ______, and either is an (ii) ________ cause of the injury if it was a (iii) _______ factor in causing the injury.
(i) merge; (ii) actual; (iii) substantial
27
When two acts were negligent, but it is not clear which was the (i) _______ cause, the burden shifts to the (ii) ________ to show that he was not the actual cause.
(i) actual; (ii) defendants
28
(i) _______ cause limits liability to (ii) ____________ consequences of the defendant's actions
(i) proximate; (ii) unforeseeable
29
Foreseeable intervening forces do (i) ______ cut off the defendant's liability for (ii) _______ acts
(i) not; (ii) subsequent
30
The plaintiff must show actual (i) ____ or (ii) _______ to complete the prima facie case. The plaintiff can recover (iii) _______ damages and (iv) _____ and suffering. The extent or severity of the harm need not have been (v) ______. The tortfeasor takes his victim as he finds him.
(i) injury; (ii) harm; (iii) economic; (iv) pain and suffering; (v) foreseeable
31
Two defenses to negligence are that the plaintiff (i) ________ to the negligence, and that the plaintiff (ii) ______ the risk.
(i) contributed; (ii) assumed
32
(i) _____ liability is imposed where a (ii) _____ animal or an (iii) ______ ______ domestic animal causes injury.
(i) strict; (ii) wild; (iii) abnormally dangerous
33
(i) ______ liability is imposed on one who is engaged in (ii) ______ ________ activity (one that creates a foreseeable risk of serious harm even where reasonable care is exercised)
(i) strict; (ii) abnormally dangerous
34
For (i) _____ liability, the harm must result from the (ii) ____- of danger that makes the animal or activity abnormally dangerous.
(i) strict; (ii) kind
35
Defective product torts can be brought under lots of tort theories: (i) _______ harm; (ii) _______, (iii) ____ liability, (iv) _______ warranties of merchantability and fitness
(i) intentional harm; (ii) negligence; (iii) strict liability; (iv) implied warranties of merchantability and fitness
36
Products liability arises when a commercial supplier supplies a product in a (i) _____ condition, unreasonably (ii) _______ to users. A product has a (iii) ______ defect when it varies from other products produced, and is dangerous beyond the ordinary consumer expectation. A product has a (iv) _______ defect when all products of the line have dangerous characteristics or an (v) ________ defect (inadequate warnings and instructions), and a less dangerous modification was (vi) _______ feasible.
(i) defective; (ii) dangerous; (iii) manufacturing; (iv) design; (v) information; (vi) economically
37
Product strict liability arises from supplying a (i) _____ product even if the defendant exercised due care and was not negligent. Even a (ii) ________ who had no opportunity to inspect may be as liable as a commercial supplier. The defect must have (iii) ________ when the product left the defendant's (iv) ______-.
(i) defective; (ii) retailer; (iii) existed; (iv) control
38
A private (i) _______ is a substantial, unreasonable interference with another person's use or enjoyment of her property.
(i) nuisance
39
A (i) ______ ________ unreasonably interferes with he health, safety, or property rights of the community
(i) public nuisance
40
Nuisance claims an be based on (i) ______, (ii) ________, or strict liability
(i) intent; (ii) negligence
41
(i) ______ to the nuisance is not a defense for the defendant against a new neighbor plaintiff
(i) coming
42
An employer is responsible for the torts of her (i) ______ that occur with in the (ii) _____ of employment. That is called (iii) ______ _______.
(i) employee; (ii) scope; (iii) respondeat superior
43
In general, a principal is not responsible for the torts of an independent contractor, but that may change if the contractor in engaged in (i) _______ ______ activity, or the duties cannot be (ii) ________ for public policy reasons.
(i) inherently dangerous; (ii) delegated
44
An automobile owner is not automatically liable for the torts of a driver of his car unless the state has enacted a permissive use statute (liable for driver the owner gave (i) _______) or a family purpose doctrine (liable for a family member driving without (ii) _______).
(i) permission; (ii) without permission
45
A parent is not (i) ______ liable for a child's torts at common law. But a child may have limited liability for intentional torts.
(i) vicariously
46
Whether or not there is vicarious liability, a defendant can be liable for his owns acts, like negligent (i) _______ of an employee, or negligent (ii) _______ of equipment.
(i) hiring; (ii) entrustment
47
Joint tortfeasors who act together to cause an indivisible injury are (i) _____ and ________ liable. If the plaintiff recovers all damages from one tortfeasor, (ii) _______ allows that tortfeasor to subsequently collect his dues from the other tortfeasors.
(i) joint and several; (ii) contribution
48
(i) _____ statutes allow the victim's estate to preserve causes of action. (ii) ______ death statutes allow a personal representative or spouse to sue for loss of (iii) ______ and (iv) _________.
(i) survival; (ii) wrongful; (iii) income; (iv) companionship
49
Governments have generally waived tort immunity for (i) _____ acts (day-to-day operations) but not (ii) ______ acts (policy)
(i) ministerial; (ii) discretionary
50
(i) _________ is the (ii) _______ of (iii) _______ language to a third person, that causes (iv) _______ to the plaintiff's reputation
(i) defamation; (ii) publication; (iii) defamatory language; (iv) damage
51
Defamatory damages are presumed in libel ( (i) _____ or other permanent form) or (ii) _______ per ___ (spoken defamation related to professional work, a loathsome disease, a crime of moral turpitude, or the unchastity of a woman); otherwise, (iii) ______ damages must be shown.
(i) writing; (ii) slander per se; (iii) pecuniary
52
If the plaintiff is a public figure or official, or if the defamation relates to a matter of public concern, the plaintiff must prove that the statement was (i) ________. If the plaintiff is a public figure, he must show (ii) _____ _____, meaning that the statement was made with knowledge of falsity or reckless disregard for the truth. Private figures suing in a matter of public concern must show at least (iii) __________ as to truth or falsity, and (iv) ______ injury.
(i) false; (ii) actual malice; (iii) negligence; (iv) actual injury
53
Defenses to defamation include (i) ______, absolute (ii) ______ (judicial, legislative, or executive proceedings.
(i) truth; (ii) privileges
54
The privacy torts include (i) ______ of the plaintiff's name or picture (unauthorized use for (ii) ______ advantage, to promote products or services); (iii) _____ on the plaintiff's seclusion (if highly offensive to a reasonable person); (iv) publication of facts in a _______ ________ in the public eye (though if in the public interest, actual malice must be shown), (v) public ________ of private facts (highly offensive to a reasonable person).
(i) appropriation; (ii) commercial; (iii) intrusion; (iv) false light; (v) disclosure
55
Intentional misrepresentation (fraud) is made by a defendant with (i) _______ (knowledge of falsity or reckless disregard for the truth), (ii) ____ to induce ________, (iii) ____________ (actual reliance), (iv) ______ reliance, and (v) ________
(i) scienter; (ii) intent to induce reliance, (iii) causation; (iv) justifiable reliance; (v) damages
56
Negligent misrepresentation occurs by a defendant in a (i) _____ or ______ capacity, who breaches a duty to the plaintiff, causes actual reliance, upon justifiable reliance, and damages. Only owed to known parties.
(i) professional or business
57
Tortious (i) _______ with a business relationship is the interference with a (ii) ________ or (iii) _______ of the plaintiff and a third party, and the defendant knows of the relationship, intentionally causes a (iv) _____, and causes (v) ______-
(i) interference; (ii) contract or expectancy; (iii) breach; (iv) damages
58
The tort of malicious (i) ___________ is when a criminal proceeding is brought against the the plaintiff, and ends in the plaintiff's favor, and there was never (ii) ______ cause, it was motivated by (iii) _______, and there are (iv) ______-
(i) prosecution; (ii) probable cause; (iii) malice; (iv) damages
59
Contact is considered (i) ________ if it would be offensive to a reasonable person
(i) offensive
60
(i) _____ alone are insufficient to create a reasonable apprehension of imminent harm for assault. However, words can (ii) ______ an otherwise reasonable apprehension
(i) words; (ii) negate
61
For false imprisonment, confinement / restraint includes physical (i) ________, physical (ii) _________, (iii) ______ of force, failure to (iv) _______- someone, and invalid use of authority.
(i) force; (ii) barriers; (iii) threats; (iv) release
62
For false imprisonment, any period of (i) _____ is dispositive, but the plaintiff must be (ii) ______ of confinement
(i) time; (ii) aware
63
Bounded area for sale imprisonment means there are no (i) ________ means of escape (ii) _______ or reasonably (iii) ______ to the plaintiff.
(i) reasonable; (ii) known; (iii) reasonably discoverable
64
Extreme and outrageous conduct (i) _______ all bounds of (ii) ______. Normally non-outrageous conduct may become so if it is (iii) ________, directed as a (iv) ______ class of plaintiff's, or is committed by a (v) ______-carrier.
(i) transcend; (ii) decency; (iii) continuous; (iv) sensitive; (iv) common-carrier
65
Intentional infliction of emotional distress is the only intentional tort that requires the plaintiff to show (i) ______.
(i) damages
66
A bystander can sue for either (i) _______ or (ii) ______ infliction of emotional distress, if they were (iii) _____ when the injury occurred, and (iv) _______ related to the victim. For intentional, the plaintiff must also show that the defendant knew about the plaintiff's relationship and presence. For negligent, the plaintiff must show physical harm.
(i) intention; (ii) negligent; (iii) present; (iv) closely related
67
For trespass to chattel, the defendant's mistaken belief that he (i) _____ the chattel is no defense to a tort claim
(i) owns
68
For conversion, the plaintiff can seek damages, which are (i) ______ ________ or (ii) ______ (replevin)
(i) market value; (ii) possession
69
While nearly everyone has the capacity to commit a tort, a greater level of capacity is required to (i) ______ to having a tort committed against you.
(i) consent
70
For self-defense in a tort, the majority rule is that there is no (i) _____ to _______ (though the modern rule imposes this duty before using deadly force, if retreat can be safe, unless the actor is at home)
(i) duty to retreat
71
For a self-defense in tort, the defense cannot be claimed by the (i) _______ aggressor unless the other party escalated with (ii) ______ force.
(i) initial; (ii) deadly
72
For self-defense, a reasonable (i) _______ as to danger is allowed.
(i) mistake
73
To defend property, the plaintiff should first request the tortfeasor desist. Thereafter, the plaintiff can use (i) ______ force, and may use force in (ii) ______ pursuit.
(i) reasonable; (ii) hot pursuit
74
Resort to self help to (i) ______ land is no longer allowed, and instead courts favor actions like (ii) _____.
(i) re-enter; (ii) ejectment
75
To recapture (i) _______, one may only use (ii) _____ means. Force can only be used in (iii) _______ pursuit
(i) chattels; (ii) peaceful; (iii) hot pursuit
76
When stolen (i) _____ are on the land of a wrongdoer, the owner is (ii) _____ to enter land and reclaim the chattel at a (iii) _____ time and manner, after first making a demand for return.
(i) chattels; (ii) privileged; (iii) reasonable time and manner
77
If chattels are on another's property through the owner's own (i) _______, he has no right to enter the property
(i) negligence
78
A person may interfere with the real or personal property for another when it is necessary to avoid (i) _______ injury from a natural or other force, and when the trespass is less serious than the treat of danger. This is the doctrine of (ii) __________. It's (iii) _____ necessity when for the public good, and the actor has no liability. It's (iv) _________ necessity wen for the actor and a limited number of people, and the actor must pay for any liabilities he causes.
(i) threatened; (ii) necessity; (iii) public; (iv) private
79
A rescuer is a (i) ______ plaintiff where defendant has acted dangerously ("danger invites rescue). However, firefighters and police officers are barred by the firefighters' rule from recovering from injuries caused by rescue.
(i) foreseeable
80
A duty of care is owed to a viable (i) _____-. In cases of failure to diagnose a congenital defect or properly perform a contraceptive procedure, the child may not recover for "wrongful life," but the parents may recover for a "wrongful (ii) ________," including any additional medical expenses and pain and suffering from labor. Ordinary child-rearing expenses are ineligible.
(i) fetus; (ii) wrongful birth
81
A child under the age of (i) _____ is without capacity for negligence
(i) five
82
A bailee owes a high standard of care if the bailment is for the benefit of the (i) ______ (he himself is benefiting from he loan)
(i) bailee
83
A bailor must warn a bailee of known, (i) ____ defects in the chattel
(i) dangerous
84
The (i) ______ _____ doctrine requires landowners to exercise ordinary care to avoid a reasonably foreseeable risk of children coming onto the property and being harmed. The plaintiff must show a (ii) _______ condition, that the owner knows (iii) ________ are frequently in the vicinity, that the condition is likely to (iv) ______ injury (because children do not appreciate the risk), and the (v) ______ of remedying the situation is slight compared to the risk.
(i) attractive nuisance; (ii) dangerous; (iii) children; (iv) cause; (v) expense
85
An owner has a duty to (i) _____ licensees (or make safe) of dangerous conditions (natural or artificial) that are (ii) ______ to the owner, and create an unreasonable risk of harm and that the licensee is (iii) _____ to discover on his own. The owner must also use reasonable care in a active operations on the property. But the owner has no duty to (iv) _____ or repair.
(i) warn; (ii) known; (iii) unlikely to discover; (v) inspect
86
Rescuers and social guests are both (i) _____ on property
(i) licensees
87
Invitees may enter with the (i) _______ of the landowner, or as a member of the public where the land is held (ii) _____ to the public. The landowner owes the same duties owed to licenses plus a duty to make (iii) reasonable ________ to discover non obvious dangerous, and thereafter, to make them (iv) ______ (a warning may suffice). One will lose their invitee status if they exceed the (v) ______ of the invitation.
(i) invitation; (ii) public; (iii) inspections; (iv) repairs; (v) scope
88
A landlord has a duty to warn a tenant about known (or has reason to know about) (i) _____- that are (ii) ______ (not easily recoverable on reasonable inspection). If the landlord covenants to repair, he is liable for (iii) _______ dangerous conditions. If the landlord volunteers to repair, and does so (iv) ______, he is liable.
(i) defects; (ii) known; (iii) unreasonably; (iv) negligently
89
A (i) _______ standard of care may be used a common law duty of (ii) ______ if the plaintiff is within the protected (iii) _____ of persons, and the harm is the type the (iv) ______ was meant to protect against.
(i) statutory; (ii) care; (iii) class; (iv) harm
90
There is an excuse for violation of the statutory standard of care if (i) _______ would have created more danger, or if it was beyond the defendant's (ii) ______ (impossible)
(i) compliance; (ii) control
91
An unexcused violation of negligence (i) ____ _____ establishes the first two elements (duty and breach) of a prima facie case -- a presumption of duty and breach is available. (Though, an excuse does not change the standard of care)
(i) per se
92
The jury for negligent infliction of emotional distress may be breached when the defendant creates a foreseeable risk of (i) _____ injury to the plaintiff. The plaintiff must within the (ii) _____ of danger and have (iii) ________ symptoms from distress. A special bystander, not in the zone, can seek damages where the (iv) plaintiff is _______ related to the individual harmed, the plaintiff was (v) _________, and the plaintiff (vi) _________ the event. Most states drop the physical symptoms requirement for the bystander.
(i) harm; (ii) zone of danger; (iii) physical symptoms; (iv) closely related; (iv) present; (vi) personally observed
93
A defendant may be liable for directly causing the patient severe emotional distress when a duty arises from their (i) _________ (lie a doctor misdiagnosing an illness). Most states drop the physical requirement in this case.
(i) relationship
94
One has a duty to assist someone he has negligently placed in (i) ______
peril
95
Common carriers, innkeepers, and shopkeepers have a special duty to (i) _____
act
96
Breach is a question for the (i) ____ of fact.
(i) trier
97
To show breach of duty, a plaintiff can show a violation of (i) ______ or (ii) ________, violation of a (iii) ______, or the doctrine of (iv) _____ _____ _____.
(i) custom or usage; (ii) statutory breach; (iii) res ipsa loquitor
98
Res ipsa loquirtor means that the accident causing the injury normally would not occur without (i)______, and the negligence is attributable to the (ii) _______, because the instrumentality was in the defendant's (iii) ____.
(i) negligence; (ii) defendant; (iii) control
99
Where res ipsa loquitur is established, plaintiff has made a prima facie case, and no (i) ______ verdict can be given for the defendant.
(i) directed
100
A plaintiff's motion for directed judgment based on res ipsa loquitur should only be granted if there was also (i) _____ per se, and (ii) there are no issues of _____ cause.
(i) negligence per se; (ii) proximate cause
101
Actual cause is established by the (i) ____ for test. Where multiple forces combine, and any one alone would've been sufficient, the defendant's conduct is the cause as long as it was a (ii) ______ factor. If there are two acts, only one of which caused the injury, but it cannot be known, burden shifts to the (iii) _______ to show he did not cause the negligence.
(i) but for; (ii) substantial; (iii) defendant
102
Generally, proximate cause includes (i) ________ risks. If the cause of harm is (ii) __________, defendant is liable if he caused the actual harm, no matter how unusual the harm was.
(i) foreseeable; (ii) uniterrupted
103
An (i) _____ cause is an affirmative, intervening force (by a 3d person or act of good), which combines with the defendant's negligently act to cause injury.
(i) indirect
104
A defendant is still liable when an intervening cause was (i) _________. These common, foreseeable intervening causes include medical malpractice, negligence of rescuers, efforts to protect person or property, and subsequent disease or accident
(i) foreseeable
105
An (i) _______ intervening force that is not a natural response may be foreseeable if the defendant's negligence (ii) ________ the likelihood of harm.
(i) independent; (ii) increased
106
For proximate case, unforeseeable results caused by unforeseeable intervening forces general defeat subsequent (i) _______.
(i) liability
107
In all cases, the tortfeasor takes his victim as he (i) ____ him
(i) finds him. Eggshell-skull plaintiff rule.
108
A (i) ______ or an (ii) _______ tort is an intervening force that breaks proximate cause (generally, it is is unforeseeable).
(i) crime; (ii) intentional tort
109
Damages are essential to proving tort. Plaintiff can get (i) _______ (e.g., lost wages) and (ii) ________ (e.g., suffering) damages.
(i) economic; (ii) non-economic
110
For property damage, the measure of damage is cost of (i) _______, unless the property is nearly destroyed, in which case it is (ii) ________ value. Generally, no emotional damages can accompany property loss.
(i) repair; (ii) market
111
(i) _______ damages generally are not available in negligence, unless the defendant's behavior was wanton, willful, (ii) _______ or malicious.
(i) punitive; (ii) reckless
112
In tort damages, interest and (i) _____ fees are not recoverable
(i) attorneys
113
Contributory negligence is not a defense of a statutory breach if the person accused of contributory negligence was in the (i) ______ persons and (ii) ______ of activities meant to be protected
(i) class of persons; (ii) class of activities
114
Plaintiff may be denied recovery if she (i) _____ the risk. This requires (ii) ______ of the risk, and (iii) ________ action to proceed in the face of the risk.
(i) assumed; (ii) knowledge; (iii) voluntary
115
Strict liability will not be imposed in favor of (i) ________ unless the owner was (ii) ________.
(i) trespassers; (ii) negligent
116
Abnormally generous activities (Rylands) require a plaintiff to show that the activity created a foreseeable risk of (i) ____ harm even when reasonable care is exercised, and the activity is not a matter of (ii) ________ usage in the community
(i) serious harm; (ii) common usage
117
In products liability, retailers and wholesalers can usually avoid negligence claims via (i) _______-
(i) inspection
118
For a liability claim based on (i) ______ liability, the prima facie case is that there is a (ii) _________ supplier, that the product was (iii) ________ when it left the defendant's (iv) ________, that the product was the actual and proximate cause of the injury, and that there are damages.
(i) strict; (ii) commercia; (iii) defective; (iv) control
119
Strict (i) ______ liability is only for products. There is no strict liability for services. That should be a negligence claim.
(i) product
120
Strict product liability must show (i) _______ or property damages; economic loss is not enough
(i) injury
121
There is no contributory negligence defense for strict products liability where the user's misuse was (i) _______ foreseeable.
(i) reasonably
122
The implied merchant warranties of (i) _________ and (ii) ________ apply to the sale of every good. Merchantability means the goods are of average quality and are generally fit for the (iii) _______ purpose for which the goods are used. (iv) ________ for a particularly purpose arises when the seller (v) ________ (or has reason to know) of the particular purpose for which the goods are being purchased, and the buyer (vi) ________ on the seller's skill in selecting the good.
(i) merchantability; (ii) fitness; (iii) ordinary; (iv) fitness; (v) knows; (vi) relies
123
Nuisance is a (i) _________, (ii) ________ interference with another private individual's (iii) ____ or enjoyment of property that he possesses (or has a right to possess). Substantial interference is an objective standard; substantial means (iv) ________- to the average person in the community. Unreasonable means the cost of the nuisance outweighs the the benefits.
(i) substantial, (ii) unreasonable; (iii) use or enjoyment; (iv) offensive
124
Generally, intentional torts are not without the scope of employment unless force is (i) _________, (ii) _____ is generated by the employer, or the employee is furthering the (iii) ______ interest of the employer
(i) authorized; (ii) friction; (iii) business interest
125
Traditionally, there was no liability for tavern keepers for over-serving guests. Most states now have (i) ______ Acts, which create a cause of action in favor of any third person injured by an intoxicated vendee.
(i) Dramshop
126
Defamation is (i) ______ language of and (ii) ________ the plaintiff, that is (iii) ________, and thereby causes (iv) ______ to the defendant's reputation. If the matter involves a matter of public concern, the Constitution requires that the plaintiff additionally prove that the allegation is (v) ____________ and (vi) ________ on the part of the defendant.
(i) defamatory; (ii) concerning; (iii) published; (iv) damage; (v) false; (vi) fault
127
Defamatory language is language that (i) _______ affects one's reputation. Opinion and name calling are insufficient. It must be fact-based.
(i) adversely
128
Defamatory publication means communicating the language to a third person who (i) ______ it.
(i) understands
129
Libel is (i) ______ defamation.
(i) written
130
Slander is (i) ______ defamation. Plaintiff must prove special damages (pecuniary loss). However, no special damages are needed if it is slander (ii) ____ ____, which includes remarks made about one's (iii) _______, a (iv) ______ disease; (v) a crime of ________ turpitude, or that a woman is (vi) ________.
(i) spoken; (ii) per se; (iii) profession; (iv) loathsome disease; (v) moral turpitude; (v) unchaste
131
In defamation, if it is a matter of public concern, the plaintiff must prove falsity and fault. If the plaintiff is a public official or figure, he must show actual (i) _____ on the part of the defendant. That means (ii) _______ or a reckless disregard for the truth. If the plaintiff is a private person, he must show that the printing was (iii) _______ (failure to investigate the claim).
(i) malice; (ii) knowledge; (iii) negligent
132
In a common law defamation claim, the burden is on the defendant to prove (i) _______ as a defense. In a constitutional defamation case, the burden is on the plaintiff to prove (ii) _______.
(i) truth; (ii) falsity
