bus law 6-7 blanks

__________ is liability regardless of fault

strict liability

In tort law, strict liability may be imposed on defendants in cases involving ____________________, ____________________, or _____.

abnormally dangerous activities, dangerous animals, or defective products

The ____________________ traces its origins to the 19th century England.

doctrine of strict liability

Strict liability applies to damages caused by an abnormally dangerous, or ____ activity.

ultrahazardous

Persons who keep wild animals are strictly liable for any harm inflicted by the _____.

animals

A significant application of strict liability is in the area of ____ __________.

product liability

Manufacturers can better bear the cost of injury because they can spread the cost throughout society by increasing the ____ of their goods.

prices

__________ __________ may be based on the theories of negligence, misrepresentation, strict liability, and warranties.

product liability

Manufacturers must use __________ in designing the product, selecting materials, and using the appropriate production process.

due care

A product liability action based on negligence does not require ________________________ between the injured plaintiff and the defendant-manufacturer.

privity of contract

In a product liability suit based on negligence, the plaintiff must show that the defendant's conduct was the '____________________' of an injury.

cause in fact

The __________ must have been made knowingly or with reckless disregard for the facts.

misrepresentation

The law imposes strict product liability as a matter of __________ ____.

public policy

__________ should be protected against unsafe products.

consumers

The product must be in a __________ __________ when the defendant sells it.

defective condition

The product must be __________ __________ to the user or consumer because of its defective condition.

unreasonably dangerous

The defective condition must be the proximate cause of the ____ or __________.

injury or damage

A product will be considered unreasonably dangerous if it is dangerous beyond the expectation of the __________ __________.

ordinary consumer

The plaintiff has to present evidence to prove that the product was defective at the time it left the hands of the __________ or __________.

seller or lessor

Unreasonably dangerous products threaten a consumer's __________ ____ __________.

health and safety

Sellers or lessors are liable only for __________ that are unreasonably dangerous.

products

A __________ __________ is a departure from a product unit's design specifications that results in products that are physically flawed, damaged, or incorrectly assembled.

Manufacturing defect

When a product is made in conformity with the manufacturer's design specifications but still results in injury due to a faulty design, it is referred to as a __________.

Design defect

When a product is made in conformity with the manufacturer's design specifications but still results in injury due to a __________ __________, it is referred to as a design defect.

faulty design

A product may be deemed defective because of __________ __________ or __________

Inadequate instructions or warnings

The theory under which liability is shared among all firms that manufactured and distributed a particular product during a certain period of time is called __________.

Market-share liability

A defense that has been successfully raised by defendants in recent years, claiming that government regulations preempt claims for product liability, is known as __________.

Preemption

A defense that has been successfully raised by defendants in recent years, claiming that government regulations __________ __________ for __________ __________, is known as preemption.

preempt claims for product liability

To establish __________, the defendant must show that the plaintiff knew and appreciated the risk created by the product defect.

Assumption of risk

A defense against product liability that may be raised when the plaintiff used a product in a manner not intended by the manufacturer is known as __________.

Product misuse

The concept where courts consider the negligent or intentional actions of both the plaintiff and the defendant when apportioning liability is called __________.

Comparative negligence

The concept where courts consider the __________ or __________ __________ of both the plaintiff and the defendant when apportioning liability is called comparative negligence.

negligent or intentional actions

Dangers associated with certain products that are so commonly known that manufacturers need not warn users of those dangers are referred to as __________.

Commonly known dangers

If a particular danger is or should be commonly known by specific users of a product, the manufacturer need not warn these users. This is known as __________.

Knowledgeable user

Statutes that restrict the time within which an action may be brought are known as __________.

Statutes of limitations

Statutes that place outer time limits on product liability actions are referred to as __________.

Statutes of repose

The requirement that a plaintiff must show that the instruction was the proximate cause of their injuries falls under __________.

Inadequate warnings

To successfully assert a design defect, a plaintiff must show that a ______ ______ ______ was available.

reasonable alternative design

The analysis used by courts to determine whether a product's design is defective, considering the risks and benefits, is called __________.

risk-utility analysis

The test that courts apply to determine if warnings adequately alert consumers to the product's risks is known as the __________.

reasonable test

In product liability cases, the plaintiff must demonstrate that the defendant's actions were the __________ of the injuries sustained.

proximate cause

The defense that argues a plaintiff's injury resulted from a commonly known danger is referred to as __________.

Commonly known dangers

The legal principle that allows a defendant to limit liability if the plaintiff's misuse contributed to their injuries is known as __________.

Comparative negligence

The legal doctrine that holds manufacturers and sellers liable for defective products is referred to as __________.

strict product liability

A product defect that occurs when the manufacturer fails to assemble, test, or check the quality of a product adequately is called __________.

Manufacturing defect

The requirement for a seller to warn consumers of harm that can result from foreseeable misuse of its product falls under __________.

Inadequate warnings

The legal concept where liability is shared among manufacturers when the specific source of a harmful product is unidentifiable is called __________.

Market-share liability

The legal defense that claims a plaintiff voluntarily assumed the risk of injury is known as __________.

Assumption of risk

The legal principle that allows for the temporary suspension of the running of a prescribed period is known as __________.

Tolling

The analysis that courts use to determine whether a product's design is defective includes the risk-utility analysis and __________ __________ __________

consumer-expectation test.

A civil wrong not arising from a breach of contract is called a ______.

Tort

The purpose of tort law is to provide __________ for the violation of various protected interests.

remedies

__________ __________ are a money award equivalent to the actual value of injuries or damages sustained.

compensatory damages

__________ __________ compensate the plaintiff for quantifiable monetary losses.

special damages

__________ __________ compensate for the nonmonetary aspects of the harm suffered, such as pain and suffering.

general damages

General damages compensate for the nonmonetary aspects of the harm suffered, such as __________ and __________.

pain and suffering

__________ __________ may be awarded to punish the defendant for particularly egregious conduct.

punitive damages

__________ __________ result from the intentional violation of person or property.

intentional torts

Intentional torts result from the intentional violation of __________ or __________.

person or property

The most widely used defense in negligence actions is ______ __________.

comparative negligence

An intentional tort is a wrongful act __________ ______.

knowingly committed

Intentional torts result from the __________ __________ of person or property

intentional violation

Intentional versus neglicence: __________ plus __________, __________ without __________

fault plus intent, fault without intent

__________ is any word or action intended to make another person fearful of immediate physical harm.

assault

Assault is any word or action intended to make another person fearful of immediate __________ __________.

physical harm

__________ is the unprivileged, intentional touching of another.

battery

False imprisonment is the intentional ______ or __________ of another person's activities.

confinement or restraint

__________ __________ is the intentional confinement or restraint of another person's activities.

false imprisonment

The tort of __________ __________ of __________ __________ involves an intentional act that amounts to extreme and outrageous conduct.

intentional infliction of emotional distress

The tort of intentional infliction of emotional distress involves an intentional act that amounts to __________ and __________ __________.

extreme and outrageous conduct

To be actionable, the act must be extreme and outrageous to the point that it exceeds the bounds of ______ accepted by society.

decency

A __________ is one who commits a tort.

tortfeasor

The confinement in false imprisonment can be accomplished through the use of __________ ______.

physical barriers

In tort law, __________ means that the person intended the conseuqneces of their act.

intent

__________ __________ allows a person who intends to harm one individual to be liable to a different victim.

transferred intent

__________ __________ is defined as an intentional failure to perform a manifest duty in reckless disregard of the consequences for the life or property of another.

gross negligence

Gross negligence is defined as an intentional failure to __________ a __________ __________ in reckless disregard of the consequences for the life or property of another.

perform a manifest duty

State laws may limit the amount of ______ that can be awarded to the plaintiff.

damages

__________ in tort actions can be sought through a lawsuit against another person or group.

compensation

Compensation in tort actions can be sought through a lawsuit against another __________ or __________.

person or group

A plaintiff's consent to restraint bars any ______.

liability

A plaintiff's consent to _________ bars any liability.

restraint

Intentional Infliction of Emotional Distress (I I E D) does not apply to __________.

corporations

If the plaintiff gives __________ to the outrageous conduct, the lawsuit is unlikely to proceed.

consent

Outrageous conduct that is normal under the circumstances is usually not __________.

actionable

The First Amendment limits emotional distress claims when the conduct consists of __________ about a public figure.

speech

The __________ __________ limits emotional distress claims when the conduct consists of speech about a public figure.

First Amendment

__________ is defined as any published or publicly spoken false statement that causes injury to another's reputation.

Defamation

Defamation is defined as any __________ or __________ __________ false statement that causes injury to another's reputation.

published or publicly spoken

Libel refers to defamation in __________ form.

writing

__________ refers to defamation in writing form

Libel

Slander refers to defamation in __________ form.

oral

__________ refers to defamation in oral form

slander

To establish defamation, the defendant must have made a __________ __________ of __________.

false statement of fact

The statement must be understood as being about the __________.

plaintiff

For public figures, proving defamation requires showing __________ __________.

actual malice

A negative statement about another person is not defamation unless it is __________.

false

A __________ __________ about another person is not defamation unless it is false

negative statement

The __________ requirement states that defamatory statements must be communicated to others.

Publication

The Publication requirement states that defamatory statements must be __________ to others.

communicated