Law Torts Quiz 2

Front 1

What is a tort

Back 1

private (civil) wrong or injury against a person or property for which the law provides redress to victum

Front 2

Who bings a civil law suit against the person or entity that commiteed the tort

Back 2

plaintiff

Front 3

Who committs the tort is known as

Back 3

defendant

Front 4

What is conduct that result in commission of a tort called, what is person called committing such conduct

Back 4

tortious conduct--tort-feasor

Front 5

Are there federal law torts?

Back 5

NO only creature of STATE law

Front 6

What are the 4 elements needed to Tort and Liability

Back 6

1.Legal Duty (regonized by law 2. Breach of that duty be defendant 3. The breach of duty by the defendand must have caused the injury
4. There must be injury or damage to aperson or property

Front 7

The breach of duty by the defendant must have CAUSED the injury, what 2 things must you have to have CAUSE

Back 7

1. Actual Cause, and
2. Legal Cause (proximate cause)

Front 8

What is actual cuase (question of fact)

Back 8

the "but for" test--in the absence of defendant would injury still have occur---if NO---have

Front 9

What is legal cuase or proximate cause (question of logic)

Back 9

Was the harm resonable foresseable consequence of the tortious conduct---must be YES

Front 10

What type of evidence do you need to be sucessful in a tort action

Back 10

preponderance of the evidence

Front 11

Is sucessful in a tort, the plain tiffy may be awarded damages: what are the 3 types

Back 11

Compensatory, Nominal, and Punitive Damages

Front 12

What are compensatory damgages

Back 12

designed to makes the victims whole--compensation for pain and suffering, emotinoal distress, and medical cost, lost wages

Front 13

What are Nominal damges

Back 13

aer awarded as a moral victory

Front 14

What are punitive damagmes

Back 14

designed to punish the defended for enagaing in extremely harmful conduct intentional harm, and deter others

Front 15

Did the Supreme Court hold that punitive damages must bear a resonalbe relationship to compensataroy damgages

Back 15

YES

Front 16

What are 3 prinicpal catergories of Torts

Back 16

Intentional Torts, Negligent torts, and liability torts

Front 17

What is intential torts do the intent always be HARM?

Back 17

NO, defendant can takes a PURPOSEFUL action that defendant knew or reasonably have known would cause harm

Front 18

Examples of Intentional Torts

Back 18

Assault, Battery Conversion, Defamation, Privacy Tort, and Trespass

Front 19

What is assault and equal to in criminal

Back 19

intentionally place another reasonalby in fear of IMMMEDIATE, offensive contact--meancing

Front 20

What is battery, and is it broadly interpreted

Back 20

intentional, unwanted, and offensive bodily contact

Front 21

What is Defamation

Back 21

intentional publication to a 3rd party of a faslse statemnt harmful to plaintiff's repuations

Front 22

What must defamation due to one's reputaion

Back 22

HARMFUL----examples are ridicule, hatred, and contempt

Front 23

What are Pricacy Torts

Back 23

Public disclsoure of private facts, portraying a person in a false lifht, approptriation of name or likeness for commerical gain

Front 24

What is conversion and differance between theft

Back 24

failure to return,loss or destruction of personal property (borrowered

Front 25

What are 3 intentional torts against economic interests

Back 25

Disparagement of Good or Services, Tortious Interference with contract, and unfair competition

Front 26

What is Disparagement of Goods

Back 26

false statement of a material face or publication or damage to reputation of business

Front 27

What intentional tort does damage to reputation of business fall under

Back 27

Disapagement of Goods

Front 28

What is tortious interference with contract

Back 28

knowingly and successfully taking action ot entice a 3rd party to breach a vaild contract

Front 29

What is unfair competition

Back 29

driving a competitor out of business by selling below cost, b/c you have more economic staying power

Front 30

What does a EACH PERSON OWE you under negligent torts

Back 30

a duty to protect others from reasonably foresseable adverse consequence of your acts or omission

Front 31

A person is SAID To be negligent

Back 31

when they breach that duty by doing what would not be done by a reasonalbe and prudent person in the same or simlar circumastances

Front 32

When negligence cannot be shown by direct evidence,it may be doufn under what 2 other theroies

Back 32

res ipsa loquitur, and negligence per se

Front 33

What is Res ispa loquitur

Back 33

"thing skepas for itself",

Front 34

3 Condition for Res ispa loquitur

Back 34

1. event ordinally does not occur in the absence of negligence
2. NO other responsible cause
3. negligence is within scope of duty

Front 35

What is Negligence per se

Back 35

is when statue is enacted to prevent a certain type of harm, and a defendent violates that statue

Front 36

Is a pharmacist charged with a strandard of professional care within the area of his licensed expertise

Back 36

YES

Front 37

Does Negligence per se have to invoke the resonable prudent person standard, what proof do you need

Back 37

NO-b/c a statute was enacted to prevent a particular harm--just need proof of violation

Front 38

What are defenses to Negligent torts

Back 38

Assumption of Risk, Contributory negligence, and comparative negligence

Front 39

What is contributory negligence

Back 39

plaintiff contibuted to injury--an ABSOLUTE BAR to recovery

Front 40

Type of comparative negligence

Back 40

Pure compartaive negligence, and modifed comparative neglicence

Front 41

What is pure comparative negligence

Back 41

your % at fault is % you pay for proven damages

Front 42

What is Modifed compataive negligence

Back 42

% at fault is % you pay ONLY IF GREATER THAN 50 at fault--otherwise you get NOTHING

Front 43

Does each state ONLY HAVE ONE--EITHER PURE or MODIFEED, what does Colorado have

Back 43

YES one one--Colorado has MODIFIED comaprative

Front 44

What are strict liability torts

Back 44

where Liability is imposed without regard to fault b/c of participation in ULTRAhazordous activites

Front 45

What are some examples of strict liability torts

Back 45

basting in popultaed area, keeping wild animals, making firework

Front 46

Does Strict liabliity also apply to Worker's comp and why

Back 46

YES, prevents employer from being sued

Front 47

What are statues of limitation, and are they a matter of indivdual state law

Back 47

YES---a tort action is barred if not brought within a fixed period of time after the injuryed person knew or should have known

Front 48

What is Black Letter Rules No. 7

Back 48

upon discovery of a mistake, the pharamcst must see that is is promply rectifed

Front 49

Should pharamcists avoid the ostrich syndrome

Back 49

YES

Front 50

May a mistake rise to neglience

Back 50

NO---we are allowed to make mistakes, as long as NO INJURY (ground for lawsuit)

Front 51

What is product liability law

Back 51

is the body of legal rules governing civil suite for losses resulting from defective goods

Front 52

As social policy has evolved the foucs of liablity has shift from the (caeat emptor) to

Back 52

the caveat vendor--the seller

Front 53

What is product liablity action

Back 53

any action brought against a manufacturer or seller of a product regardless of the substantive legal theory or theories which action is brought on injury, death or property damage

Front 54

A product liability suit can be based on

Back 54

negligence, strict liability tort, or breach of warranty

Front 55

What must plaintiff estabilsh for negligence

Back 55

that the manufactor or seller owed a dtuy of care to the paitent, they breached that duty, that breach actually AND legally caused the ingjuty, adn they suffered a real and compensble injury

Front 56

What are types of negligence based product liability actions

Back 56

improper manufacture, negligent inspection, failure to warn, negligent design, and negligence per se

Front 57

Do many suit allege mutiple negligent acts or omission

Back 57

YES

Front 58

What is improper manufacture

Back 58

improper materials, improperly producing the product or packaging

Front 59

When can pharmacist be liable for improper manufacture

Back 59

the pharmacist who compounds a drug

Front 60

What is negligent inspection for manufactor

Back 60

duty to inspect products for risks that create a foreseeable risk of harm

Front 61

What is nefligent inspection for a seller

Back 61

duty to inspect when they know or should resonably know fo a defect (obvious for seller)

Front 62

What is negligent for failure to warn

Back 62

that without a warning, the product would be dangerous in its ordinary USE or in any forseeable use

Front 63

Is there a duty to warn of dangers arising form reasonably unforeseeable misuese or obvious danges

Back 63

NO--but don't rely on it

Front 64

Must warning reach and be understandable by those resonably expect to the prouct--examples

Back 64

YES--for children or illerate--use picture warnings may be required

Front 65

In cases where cosmetics and OTC drugs causes a toxic or allergic reation, mayn courts require the plaintiff to prove

Back 65

1. product contained an ingredient to which an appreciable # would have an adverse reaction, 2. defendent knew or should have known 3. the plaintiff was in teh group of people with reactions

Front 66

What is unique about failure to warn with prescription drugs

Back 66

manufacturer almost never has any communication with the user

Front 67

Who only must maufactors provide info about warnings of any possible adverse reactions

Back 67

physicans

Front 68

What is learn intermediary doctrine

Back 68

manufactors are generally shielded from liability under failure to warn theory

Front 69

What is Negligent design

Back 69

the sale of an ENTIRE LINE OF defectively designed products

Front 70

What must a plantiff prove for negligent design

Back 70

1. product is inherenty dangerous 2. contains insufficient safety measures, 3 or materials that do not satisfy trade standards

Front 71

What is negligence per se concened with product liabilty

Back 71

liable if breach rules of FDA

Front 72

Is product misuse a defense to a negligent actions

Back 72

YES

Front 73

What are 2 other defense to negligence for manufactors

Back 73

state of the art defense and complicane with safety regulations

Front 74

What is state of the art defense

Back 74

we did the best anyone knew how to do at the time

Front 75

May a court find that a manufactor is liable b/c the irsk inherent in the design so outwieght the beniefits of the product that a resonalbe and prudent person would not have produce a product of that design

Back 75

YES

Front 76

What is compliance with safety

Back 76

cannot bring a tort agaisnt compliance with safety--b/c regulated by federal law

Front 77

What is strict liability for DEFECTIVE product in Tort

Back 77

defective condition and unreasonably dangerous to user, consumer or family

Front 78

When is seller liable (even if not negligent) for physical harm caused by defect EVEN if they exercised all POSSIBLE CARE

Back 78

YES--ONLY dealing with defective and unreasonably dangeous ---
if seller is engaged in the business of sellings the product AND the product reaches the consumer without substaintial change

Front 79

Stirct liability focuese on the defective unreasonable dangerous nature of the product as determined by

Back 79

the consumer expections test OR the feasilbe alternative test

Front 80

What is the consume expectations test AND STRICT LIABILTY

Back 80

did the prouct meet sthat standards test, did the proct perform as would be expected by a resonable consumer

Front 81

What is feasbile alternative test or risk-utilit test

Back 81

balance utility (usefulness ) against danger

Front 82

Does the feasible alternatives risk utilty test, require manufactors to makes completely safe products

Back 82

NO-creating such a product is impossible, manufacotrs are change with making product reasonably safe

Front 83

Are manufacotrs are change with making product reasonably safe regardless whther plantiff aware of the product dangerougness

Back 83

YES

Front 84

What is breach of waranty

Back 84

a contractual promise about the nature of the produt sold

Front 85

Under the Uniform Commerical Code warranties may be

Back 85

express or implied

Front 86

What are express warranties

Back 86

created by affirmative acts of the sellers, such as prmoise, description, sample

Front 87

Is use of warrant or guarantee necessary

Back 87

NOT necesaaty

Front 88

There needs to be No specific intention by the seller to make a warranty if

Back 88

made on the basis of the bargin---(the deal)

Front 89

A general clause disclaiming "all warranties, express or implied" cannot reduce the seller's obligation to

Back 89

description--can't blue coat and give a magenta regardless of disclaimers

Front 90

What are 2 types of implied warranty

Back 90

implied warranty of mechantability
and fitness for a particle purpsose

Front 91

What is implied warranty of mechtability

Back 91

goods are fit for ordinary purposes
adeqately contained package and labeled, adn conform to statement of fact on the container

Front 92

What is a mechant

Back 92

only applies if mechant who is someone who has skills or knowledge of a product

Front 93

What is implied warranty of fitness for a particular purpse

Back 93

buyer's reliance on the seller's skill or judgemnt--liabilty can apply

Front 94

Can both express and implied warranties be exculed

Back 94

YES

Front 95

How can goth express and implied warranties be excluded

Back 95

must be written and conspicous

Front 96

To disclaim warranty of mechantabilty must use the word

Back 96

merchantability

Front 97

What happens when you use words "as it, wehre is or "withal all faults"

Back 97

disclaims all warranties