Torts Product Liability Primary

Question 1

Tort

Answer 1

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

personal nature against another.

Question 2

Intentional torts

Answer 2

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

Question 3

Defenses of assault and battery

Answer 3

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

Question 4

Assault

Answer 4

Creation of fear of offensive contact

Question 5

Battery

Answer 5

Offensive contact

Question 6

False Imprisonment

Answer 6

Intentional confinement of another without justification

Question 7

Intentional Infliction of Emotional Distress

Answer 7

Intentional act that amounts to extreme and

outrageous conduct

Question 8

Defamation

Answer 8

Wrongfully hurting another’s reputation with slander or libel

Question 9

Defense of defamation

Answer 9

The truth

Question 10

Proof of Defamation

Answer 10

Publication needed – watch out for defamation by selfpublication

Question 11

Trespass

Answer 11

Entry, without permission, onto the land of another

Question 12

Tortious Interference with Contractual Relations

Answer 12

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

Question 13

Tortious Interference with Business Relations

Answer 13

when a person intentionally damages the plaintiff’s business relationships

Question 14

Negligence

Answer 14

involving matters of risk

Question 15

Duty of Care

Answer 15

measured by the standard of reasonableness

Question 16

Breach of Duty of Care

Answer 16

failure to exercise reasonable care

Question 17

Injury

Answer 17

no injury, no recovery

Question 18

Causation

Answer 18

the test is foreseeability

Question 19

Types of Negligence

Answer 19

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

Question 20

Defenses of Negligence

Answer 20

o Assumption of the Risk
o Contributory negligence
o Comparative negligence

Question 21

Special Negligence Doctrines

Answer 21

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

Question 22

Res Ipsa Loquitur

Answer 22

The occurrence of an accident implies negligence

Question 23

Dram Shop Act

Answer 23

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)

Question 24

Social Host Doctrine

Answer 24

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

Question 25

Cyber Torts

Answer 25

- internet related civil wrongs | - includes financial injuries, reputational damage, theft of trade secrets, and invasions of privacy

Question 26

Premises Liability for Criminal Acts State to State

Answer 26

- 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.

Question 27

Strict Liability

Answer 27

Responsibility for damages regardless of fault (abnormally dangerous activities)

Question 28

Product Liability

Answer 28

```  Warranty Law  Misrepresentation  Strict Liability  Negligence  Statute of Limitations – 2 years ```

Question 29

Statute of Limitations

Answer 29

Have 2 years to file a claim

Question 30

Uniform Commercial Code Article II and IIA

Answer 30

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

Question 31

Expressed Warranty

Answer 31

- 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

Question 32

Implied Warranty

Answer 32

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

Question 33

Third party beneficiary warranty

Answer 33

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

Question 34

Mixed Transaction

Answer 34

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

Question 35

Contributory negligence

Answer 35

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

Question 36

Comparative negligence

Answer 36

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.