Conclusion
In some cases, a plaintiff suffers harm, but fault is not easily determined, or fault is not the issue. A defendant
can exercise reasonable care while the nature of the activity lends itself to risk of harm. Products could have
obvious or hidden defects that cause harm to another. When defects occur, the plaintiff has the ability to file a
civil suit against the entity that is responsible for the harm-causing defect. The plaintiff might also share some
responsibility in the harm, and based on product liability, the court decision will be adjusted accordingly.
Assessment Questions
1. Define Torts.
2. An example of an intentional tort is:
a.
Defamation.
b.
Assault.
c.
Malicious prosecution.
d.
All of the above.
3. When an individual creates and promotes malicious falsehoods about another that individual may be liable
for:
a.
Libel.
b.
Slander.
c.
Defamation.
d.
All of the above.
4. Describe Negligence.
5. All of the following are elements of negligence except:
a.
A reasonable person.
b.
A duty by the defendant to either act or refrain from acting.
c.
A breach of a duty owed by defendant.
d.
Measurable harm.
6. Which of the following is a special relationship giving rise to a duty to act to aid or protect one in peril?
a.
Hotel and guest.
b.
Cousin to cousin.
c.
School principal and student.
d.
Hotel and guest, and school principal and student.
7. If an activity causes a foreseeable and highly significant risk of physical harm even when reasonable care is
exercised by all actors, and the activity is not one of common usage, it is:
a.
Proximate cause.
b.
Abnormally dangerous.
c.
Negligence.
d.
None of these are correct.
8. What is an attractive nuisance?
72
Chapter 6 The Tort System
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