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Bus Law Quiz Chapter 4
Terms in this set (15)
To maintain an action in strict product liability, the plaintiff must show why and how the product became defective.
Strict liability is imposed only for an act that departs from a reasonable standard of care to cause an injury.
When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.
A business cannot use puffery without liability for fraudulent misrepresentation.
In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort.
The elements of an action in strict product liability include that a plaintiff must incur harm by the use or consumption of a product.
Liability for injuries based on proportionate negligence is allowed by most states.
In deciding whether conduct is sufficiently outrageous to support an action for infringement of emotional distress, a court looks at the pattern of the conduct.
A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer.
A person will not be liable for wrongful interference if the interference results from legitimate competitive behavior.
When an award of punitive damages is grossly excessive, it furthers no legitimate purpose and violates due process requirements.
In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.
Any time that one party's allegedly wrongful conduct causes injury to another, an action may arise under the law of torts.
A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.
The standard of reasonable care for a professional is the same as that of an ordinary person.
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