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Tort Law Chs. 11, 12, 13 (Fall 23)

Across
Defamation encompasses the two related torts of _____ (written) and slander (spoken), though many jurisdictions, such as Indiana, have in recent years combined the two torts into one, defamation.
A communication is defamation ___ ___, and damages can be presumed, if the communication imputes: (1) criminal conduct; (2) a "loathsome and communicable" disease; (3) misconduct in a person's trade, profession, office, or occupation; or (4) sexual misconduct.
___ ____ is a tort allowing recovery of damages where a defendant has made a false statement disparaging the plaintiff's goods or business.
______ liability refers to the liability of a manufacturer, seller, or other supplier of a chattel which, because of a defect, causes injury to a consumer, a user, or in some cases a bystander.
_______ (including retweeting, sharing another's post, etc.) of another's defamatory statement is considered a publication and can give rise to a defamation claim.
_____ ______ is typically available as a theory of recovery in cases involving abnormally dangerous activities, harm caused by animals (particularly known dangerous propensities or trespassing animals) and in product liability cases.
The six factors considered in determining whether strict liability applies include whether there is a high degree of ______, _____ of serious harm, _____ cannot be eliminated by due care, not a common activity, inappropriate location, and social value of the activity is outweighed by its dangerousness.
Under NYT v. Sullivan (1964) and cases following that decision, for public officials or public figures to prove a defamation claim requires a showing of "____ _____," which is defined as knowingly making a statement that is false or making the false statement with reckless indifference as to whether the statement is false. A question on some of the current event defamation cases, the "actual malice" element and how it plays out in these cases, and the societal impact of these current event cases in the modern media landscape would be a good essay question.
_____ of privacy includes four distinct torts, which all protect a plaintiff from unreasonable interference with his privacy: appropriation (where plaintiff's name or picture is used by defendant for financial gain); unreasonable intrusion (defendant intentionally intrudes upon seclusion of plaintiff in a way that would be highly offensive to a reasonable person); public disclosure of private acts (defendant publicizes details of plaintiff's private life that would be highly offensive to a reasonable person); and false light (defendant puts plaintiff before the public in a false light that would be highly offensive to a reasonable person).
The policy reason for imposing strict liability in ______ liability cases is that the merchants and manufacturers can better bear the risk of loss than the plaintiff. They can internalize the costs of accidental losses and can distribute such losses among the consumers who purchase their products.
A _______ for goods sold can be express or implied.
Down
A statute of ___ can be a defense to a strict liability product liability claim. A statute of ___ provides a fixed period of time from the date of the original sale during which a product liability suit can be brought.
If a statement involves a public matter, even private plaintiffs must prove actual malice in order to recover presumed damages and _____ damages.
A defamation claim requires proof of the following ______: that the defendant’s statement must have a tendency to harm the reputation of the plaintiff, the statement was false, that it was “published,” i.e., communicated to someone other than the plaintiff, and the defendant must have, at least, acted negligently (although a greater degree of fault is required under certain circumstances).
A claim for ____ of warranty with regard to products is a hybrid contract and tort claim, best used in cases involving purely economic losses.
Two defenses available in strict liability cases include arguing a lack of _____ _____, and assumption of risk.
Most product liability cases involve manufacturing ______, design ______, or defective or inadequate warnings.
The first step in a class action requires the court to find that ________ of the class is appropriate. The _______ requires proof of (1) commonality--that there is a common issue of law or fact among members of the class, (2) typicality--that the claims and defenses alleged by the proposed representatives are typical of the claims and defenses of the other members of the class, (3) numerosity-- that there are so many potential claimants that it would be impractical to join them all in one action as plaintiffs (4) fair representation--that the proposed representative party will fairly and adequately represent every member of the class, and (5) notice--that adequate notice will be given to all potential members of the class.
By offering goods ___ sale, a seller makes implied warranties, the two most common of which are the implied warranty of merchantability and an implied warranty of fitness ___ a particular purpose.
A ____ action suit is one in which representative members of a class sue on behalf of other members of the class, all of whom have the same claim against the same defendant.
To determine whether a case involves an abnormally dangerous activity for the purpose of determining whether strict liability should be imposed, most courts use a ____ ____ test set out in the Restatement (2d).
________ is making a false statement that causes harm to one's reputation, lowering them in the eyes of the community or deterring others from associating with them.
The ____ theories of recovery for product liability include: negligence, warranty, and strict liability.