Exam 7: Torts

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The right of a business owner to use extreme force in detaining a suspected shoplifter for a reasonable period of time is known as the shopkeeper's privilege.

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False

_____ is any unconsented touching,even if physical injuries are not present.

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A

In most states,_____ takes place when someone publishes false information about another person's product.

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B

Pleading "no contest" to a criminal charge forces the defendant to waive their rights to defend a civil tort suit.

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Which of the following is an example of invasion of privacy?

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In a state that follows the _____,a plaintiff's own negligence,no matter how minor,bars the plaintiff from any recovery.

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Misappropriation takes place when a person uses someone else's name,likeness,or other identifying characteristic without permission.

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A _____ is a person who commits a tort.

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Product misuse is a defense to strict product liability.

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What are some of the defenses to strict product liability?

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Negligence torts require both legal intent and a breach of the standard of care.

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Explain the tort of intentional infliction of emotional distress IIED).

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Many businesses see tort lawsuits as a nuisance at best and ruinous at worst,and would like to see them disappear altogether.

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Identify the rule under which the jury is asked to determine to what extent the plaintiff is at fault,and the plaintiff's total recovery is then reduced by that percentage.

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Strict liability applies in only a few limited circumstances.

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In strict product liability,any retailer,wholesaler,or manufacturer that sells an unreasonably dangerous product is strictly liable.

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The oral form of defamation is considered:

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In 1994,President Clinton signed the _____ Act into law,imposing an 18-year statute of repose on product liability claims brought against general aviation aircraft manufacturers such as Cessna and Piper.

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How can an identifying characteristic,such as someone's voice,be the basis for misappropriation? Explain with an example.

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"Unparalleled luxury" would be an example of puffery or _______.

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