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BUSA > Torts Product Liability Primary > Flashcards

Torts Product Liability Primary Flashcards

1
Q

Tort

A

A civil action in which one party brings a suit of a

personal nature against another.

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2
Q

Intentional torts

A

1) Assault
2) Battery
3) False Imprisonment
4) Intentional Infliction of Emotional Distress
5) Defamation
7) Trespass

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3
Q

Defenses of assault and battery

A

o Consent
o Self-Defense
o Defense of Another
o Defense of Property

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4
Q

Assault

A

Creation of fear of offensive contact

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5
Q

Battery

A

Offensive contact

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6
Q

False Imprisonment

A

Intentional confinement of another without justification

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7
Q

Intentional Infliction of Emotional Distress

A

Intentional act that amounts to extreme and

outrageous conduct

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8
Q

Defamation

A

Wrongfully hurting another’s reputation with slander or libel

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9
Q

Defense of defamation

A

The truth

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10
Q

Proof of Defamation

A

Publication needed – watch out for defamation by selfpublication

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11
Q

Trespass

A

Entry, without permission, onto the land of another

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12
Q

Tortious Interference with Contractual Relations

A

when a person intentionally convinces a party to breach a contract with the plaintiff

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13
Q

Tortious Interference with Business Relations

A

when a person intentionally damages the plaintiff’s business relationships

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14
Q

Negligence

A

involving matters of risk

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15
Q

Duty of Care

A

measured by the standard of reasonableness

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16
Q

Breach of Duty of Care

A

failure to exercise reasonable care

17
Q

Injury

A

no injury, no recovery

18
Q

Causation

A

the test is foreseeability

19
Q

Types of Negligence

A

1) Breach of Duty of Care
2) Injury
3) Causation

20
Q

Defenses of Negligence

A

o Assumption of the Risk
o Contributory negligence
o Comparative negligence

21
Q

Special Negligence Doctrines

A 
 Res Ipsa Loquitur
 Dram Shop Act
 Social Host Doctrine
 Cyber Torts
 Premises Liability for Criminal Acts State to State
22
Q

Res Ipsa Loquitur

A

The occurrence of an accident implies negligence

23
Q

Dram Shop Act

A

makes a business which sells alcoholic drinks or a host who serves liquor to a drinker who is obviously intoxicated or close to it, strictly liable to anyone injured by the drunken patron or guest (38 states)

24
Q

Social Host Doctrine

A

imposes liability on social hosts as a result of their serving alcohol to adults or minors and results in injury (varies state to state)

25
Q

Cyber Torts

A
  • internet related civil wrongs

- includes financial injuries, reputational damage, theft of trade secrets, and invasions of privacy

26
Q

Premises Liability for Criminal Acts State to State

A
  • In Georgia – the “substantially similar” test
  • In an action to recover for injuries inflicted by criminal acts of third parties, the plaintiff has the burden of proving that the host was placed on notice by prior substantially similar incidents.
27
Q

Strict Liability

A

Responsibility for damages regardless of fault (abnormally dangerous activities)

28
Q

Product Liability

A 
 Warranty Law 
 Misrepresentation
 Strict Liability
 Negligence
 Statute of Limitations – 2 years
29
Q

Statute of Limitations

A

Have 2 years to file a claim

30
Q

Uniform Commercial Code Article II and IIA

A
  • to simplify, clarify and modernize the law governing commercial transactions…and to make uniform the law among the…jurisdictions.
  • Expressed Warranty and Implied Warranty
31
Q

Expressed Warranty

A
  • is clearly stated (or “expressed”) either verbally or in writing
  • basically a guarantee that the product will meet a certain level of quality and reliability
32
Q

Implied Warranty

A 
 Merchantability
 Fit for a Particular Purpose
 Fit for Human Consumption
 Third party beneficiary warranty
 Disclaimers
 Statute of Limitations – Four Years
33
Q

Third party beneficiary warranty

A

1) produces vastly different outcomes among jurisdictions
2) promoting complexity and discord
3) creates unpredictable liability
4) generates unnecessary battles over choice of law

34
Q

Mixed Transaction

A

o Is it a good or is it a service?
o .. What is the Predominant Purpose?
(UCC applies if primarily a good)

35
Q

Contributory negligence

A

failure to act with or show care and thought for the future

36
Q

Comparative negligence

A

a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff’s own negligence contributed to cause the injury.

BUSA (5 decks)

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