Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

True Or False It is a valid defense to a strict liability claim that the plaintiff misused the product or used it in an abnormal fashion unless the misuse or abuse was reasonably foreseeable.
True Or False UCC statutes of limitations are shorter than general tort statutes of limitations.
True Or False UCC statutes of limitations apply to warranty actions.
True Or False Statutes of repose begin to run at the time of injury.
True Or False The federal preemption doctrine allows states to act as they please as long as they do not conflict with federal law.
True Or False In Cipollone the plaintiff sued three tobacco companies on the basis of breach of express warranty, defective design, and failure to warn.
True Or False Cipollone muddied the waters for the lower courts with regard to preemption.
True Or False Certification of a class means that every plaintiff must be present at court to recover.
True Or False In airbag cases manufacturers often contend that allowing a lawsuit conflicts with the National Traffic and Motor Safety Act of 1966, which gave manufacturers three options in choosing how to protect front-seat occupants.
True Or False Before a class action can be certified, the party requesting certification must prove that adequate notice will be given to all potential members of the class.
True Or False Class actions have been allowed in cases involving such drugs as fen-phen but disallowed in tobacco cases.
For goods to be ____________ they must be fit for the ordinary purpose for which such goods are used.
The ____________ ____________ doctrine absolves retailers of liability when a sealed container is involved.
One of the arguments supporting ____________ ____________ is that manufacturers should be forced to internalize the cost of injuries their products inflict, which they can do by raising the market price of the product.
Courts will not hold manufacturers of experimental drugs strictly liable because they are ____________ ____________.
A(n) ____________ ____________ ____________ ____________ defense is a defense that argues that the level of technology available at the time the product was made precluded a safer design.
A(n) ____________ defect occurs when a defendant chooses materials that result in the product having a structural weakness that makes it dangerous.
In defective warning cases courts consider the ____________ and ____________ of accidents likely to occur without adequate warnings or instructions.
An implied warranty of merchantability can be disclaimed by selling the product ____________ ____________.
____________ ____________ ____________ provide a fixed period of time in which a product liability suit can be brought.
The federal ____________ doctrine can be traced back to the framers of the Constitution, who foresaw potential conflicts between the federal and state legislatures.
“No statement related to smoking and health, other than the one required by this act, shall be required on any cigarette package”is an example of a(n) ____________ preemption.
A manufacturera. can be found negligent in its failure to inspect or test its finished product but not for its failure to package and ship its products in a reasonably safe manner.b. who uses component parts is exempt from negligence for failure to use reasonable care in obtaining them.c. is always
Plaintiffs in negligence actionsa. cannot recover if they are only users of a product but did not purchase it.b. can recover from the manufacturer even if they bought the product from a retailer.c. can always recover for property damage and pure economic loss.d. all of the above.
In warranty causes of action,a. aspects of both contract and tort remedies are involved.b. a contract remedy is more appropriate when the defect in the product involves only the quality of the product.c. a tort remedy is more appropriate when the product is hazardous.d. all of the above.
In an express-warranty case, a plaintiffa. may not be able to recover unless she can show that she is not only a user but also a member of the general class of public that the manufacturer knew or should have known would have been reached by the warranty.b. must show that she believed the
An express warranty can be made bya. describing the good being warranted.b. affirming a fact or promise relating to the good.c. using a sample or model of the good in advertising.d. all of the above.
Bystanders probably cannot recovera. in an express-warranty case even if they can show they were a member of the general class of public that the manufacturer knew or should have known would have been reached by the warranty.b. in strict liability cases.c. in implied-warranty cases.d. all of the
For goods to be merchantable they must bea. fit for the ordinary purposes for which such goods are used.b. be adequately contained, packaged, and labeled as the agreement may require and conform to the promises of face made on the label.c. be within the variations permitted by the agreement.d. all
A seller must know that the buyer wants to buy a good for a particular purpose and must make a recommendation to the buyer that the buyer relies on to createa. an express warranty.b. an implied warranty of merchantability.c. an implied warranty of fitness for a particular purpose.d. none of the
A direct purchaser suing based on an implied warranty can recover fora. property damage and personal injury.b. incidental and consequential damages.c. the difference between what the product would have been worth had it been as warranted and what it is worth with the defect.d. all of the above.
Breach-of-implied-warranty actionsa. do not allow non purchasers to recover anything.b. can be brought against sellers of services and real estate.c. always allow remote purchasers to recover for pure economic loss.d. all of the above.
A warranty cause of actiona. is easier to prove than strict liability.b. offers more generous damages to those whose damages are solely economic than a strict liability cause of action does.c. uses a tort statute of limitations.d. all of the above.
The provisions of section 402A of the Restatementa. have been adopted by very few courts.b. apply only to the sale of services.c. can be traced back to Judge Traynor’s decision in Greenman v. Yuba Products.d. all of the above.
In strict liability casesa. the courts focus on whether the product is in a defective condition or unreasonably dangerous.b. use both the consumer-expectation and risk-utility test.c. a product may be considered defective if it contains foreign objects.d. all of the above.
In a strict liability casea. a plaintiff is not required to prove cause in fact or proximate cause.b. an act will not be considered a superseding cause of the plaintiff’s injury if the act was foreseeable.c. an act will be considered a superseding cause of the plaintiff’s injury if the act was
For unavoidably unsafe drug productsa. if the benefits of such unsafe products outweigh their risks the courts won’t hold the manufacturers strictly liable.b. their absolute safety must be assured in their manufacture.c. the manufacturer can be negligent in failing to perform adequate tests
In strict liability casesa. courts are fairly liberal about letting plaintiffs pose the question to the jury on the issue of whether a defect existed at the time it left the manufacturer.b. the principles of res ipsa loquitur are inapplicable.c. consumers cannot sue if they have been injured while
Strict liability allows recovery fora. anyone who is the ultimate user or consumer.b. only the person who purchased the product.c. only the person who used the product.d. only the person who was injured by the product.
Economic loss includesa. the cost of repairs.b. the cost of replacement.c. lost profits.d. all of the above.
The key issue in a design-defect case based on a strict liability standarda. is the reasonableness of the manufacturer in placing the product on the market.b. the expectations of the consumer.c. whether the plaintiff used the product in a way not intended by the manufacturer.d. all of the above.
In airbag casesa. the question is whether airbags are necessary to make cars safe in the event of an accident.b. consumer advocates and representatives of the auto manufacturers clash over the reliability and safety of airbags.c. the plaintiff must prove that the lack of airbags enhanced the
If a plaintiff injures himself while misusing a hammer, a court coulda. conclude that the manufacturer had no duty to produce a hammer that could withstand this type of misuse.b. conclude that the plaintiff’s actions were the proximate cause of his injuries.c. require that the defendant raise the
Which of the following is not a foreseeable misuse?a. Using a drill to open a jar of picklesb. Hitting a lid to open itc. Using superglue to fix a woundd. Standing on a chair to reach something in a cabinet
Assumption of risk is a defense in aa. warranty action.b. strict liability action.c. negligence action.d. all of the above.
A statute of reposea. is a set period of time in which to bring a lawsuit based on the UCC.b. a fixed period of time from the date of original sale in which to bring a lawsuit.c. A set period of time to bring a lawsuit which starts with the date of injury.d. none of the above.
A class action suit preventsa. the court system from being overloaded.b. some individual members from representing other members of the same class.c. plaintiffs with minimal recovery from being able to sue.d. all of the above.
Why is defamation a complex tort?
How did New York Times v. Sullivan change the face of defamation?
Why is defamation seldom litigated?
What are the key features that shape defamation law?
What is the special-harm requirement?a. In what four cases does special harm not have to be proved?b. What are presumed damages, and what is their relationship to special harm?c. What limitations has the U.S. Supreme Court put on presumed damages?
What are the four exceptions to the slander special harm requirement?
What must a plaintiff prove to recover for defamation?
Must a plaintiff’s reputation actually be injured for them to recover for defamation? Must their reputation be tarnished in the eyes of the majority of the community?
Who bears the burden of proof that a statement was false if it involves a matter of public interest and defendant is a media defendant?
How many people must reasonably understand that the defendant’s statement is referring to the plaintiff in order for defamation to be proved?a. Must the defendant refer to the plaintiff?b. Must the defendant refer to the plaintiff by name?c. Can the plaintiff recover if the defendant’s
What must a judge determine before a jury can determine that a statement is defamatory?
When must a plaintiff show in his pleadings the innuendo of the defendant’s statement?
Who has the burden of proving the truth or falsity of the defendant’s statement?
Can the survivors of a deceased person sue for defamation based on statements made about the deceased?
Can an expression of pure opinion be defamatory?a. What if the opinion implies factual matters?b. What do the courts consider in deciding if a statement is an opinion?
What is publication?a. What is required for a publication to occur?b. Does repetition of a defamatory statement constitute publication?
Why was defamation considered a strict liability tort under the common law?a. How did New York Times v. Sullivan change that situation?b. What is the definition of actual malice, and when must it be proved?c. Who is considered a public figure, and why are public figures given less protection than
What damages can a plaintiff recover in a defamation case?a. Can punitive damages be awarded?b. Can presumed damages be awarded?
What are retraction statutes, and how do they operate?
What is the difference between an absolute and qualified privilege?a. Who enjoys an absolute privilege?b. Under what circumstances is a defendant protected by a qualified privilege?c. How can a qualified privilege be lost?
What is the name of the legislation created to protect ISPs from defamation?
How was the tort of invasion of privacy created?
What four torts constitute invasion of privacy, and how are they all related?
Define and give an example of each of the following:a. appropriationb. unreasonable intrusionc. public disclosure of private factsd. false light
What must be shown for a false-light action to succeed?
What is injurious falsehood?a. What is the difference between trade libel and slander of title?b. How does trade libel differ from defamation?
True Or False Defamation involves the courts’ attempt to balance freedom of expression against protection of individuals’ reputation.
True Or False A vast number of defamation cases are litigated, and most of those are won, especially against media defendants.
True Or False Libel includes statements on records and computer tapes but does not include words dictated to a stenographer.
True Or False In cases of slander, pecuniary losses are not necessary.
True Or False Loss of friendship and emotional distress have sufficient pecuniary value for slander.
True Or False In a case where the plaintiff is engaged in criminal conduct, pecuniary harm can be assumed.
True Or False Under contemporary court decisions, presumed damages can never be awarded unless the plaintiff can prove actual malice.
True Or False A defamation plaintiff must prove that the defendant’s statement is defamatory in accord with at least one interpretation a reasonable person might make.
True Or False A statement can be defamatory if spoken only to the plaintiff.
True Or False A statement that is substantially true, even if it is not true in all respects, is considered a true statement.
True Or False A plaintiff’s reputation must actually be injured to be considered defamatory.
True Or False Under today’s U.S. Supreme Court decisions, a defendant has the burden of proving that their statement is true.
True Or False Survivors of a deceased person can sue for defamation because of statements made against that person.
True Or False A partnership or corporation can be defamed.
True Or False Statements are more likely to be considered opinion if they are precise and easily verifiable.
True Or False A statement implying undisclosed facts may not be defamatory if it is an opinion.
True Or False One who repeats a defamatory statement is liable even if they do not believe it to be true.
True Or False Those who distribute or sell defamatory materials are liable even if they can show they had no reason to believe the materials were defamatory.
True Or False Defamation is essentially a strict liability tort.
True Or False A person can become a public figure merely by becoming involved in a controversy of public interest.
True Or False Unless the matter is not one of public interest, U.S. Supreme Court decisions require plaintiffs to prove that the defendant acted with reckless disregard at the very least if they are to recover presumed damages.
True Or False Punitive damages may be awarded in matters of private concern with only a showing of negligence.
True Or False A defamation plaintiff who suffers no quantifiable damages cannot go to trial.
True Or False Absolute privileges are enjoyed by judges, lawyers, parties, and witnesses during judicial proceedings unless their motive is defamation.
True Or False Absolute immunity applies to spousal communications.
True Or False An individual may be qualifiedly privileged to act for the protection of the recipient of statement if the statement is made within the parameters of the generally accepted standards of decent conduct and is in the context of a close personal or business relationship.
True Or False A privilege can be lost if the statement is made to more people than necessary to protect the interest in question or if more damaging information is disclosed than is reasonably necessary.

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Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

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