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Tort law Chs. 11, 12, 13, 14, 15 vocab/concept review

Where there is joint and several liability, a defendant who pays more than his pro rata share of damages is entitled to _____, or partial reimbursement, from other defendants.
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.
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).
_____ 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).
Two defenses available in strict liability cases include arguing a lack of _____ _____, and assumption of risk.
If a loss caused by joint tortfeasors is indivisible, or cannot be apportioned among the defendants, the joint tortfeasors bear ___ ___ ____ liability.
An employer can even be vicariously liable for an action that they have specifically ____ the employee from engaging in, if that action was done within the scope and in furtherance of the employment.
The ____ theories of recovery for product liability include: negligence, warranty, and strict liability.
Most product liability cases involve manufacturing ______, design ______, or defective or inadequate warnings.
Whether one is considered an independent contractor or an employee for the purpose of determining whether vicarious liability applies usually comes down to a question of the level of ______ the employer has over the work of person in question.
___ ____ is a tort allowing recovery of damages where a defendant has made a false statement disparaging the plaintiff's goods or business.
The concept of respondeat superior applies to negligent torts, intentional torts, and strict liability claims. The employee must be acting within the _____ and in furtherance of their employment for the employer to be vicariously liable for their actions.
______ liability is the doctrine under which one individual is held liable for the tortious acts of another.
Parents can be held liable for the intentional torts of their children under statutes that impute liability to the parents under a theory of ______ supervision.
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.
_____ ______ 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.
A claim for ____ of warranty with regard to products is a hybrid contract and tort claim, best used in cases involving purely economic losses.
_______ (including retweeting, sharing another's post, etc.) of another's defamatory statement is considered a publication and can give rise to a defamation claim.
A _______ for goods sold can be express or implied.
___ tortfeasors are two or more persons who act in concert to produce a negligent or intentional tort.
Under the rule of joint and several liability, each joint ___ can be held responsible for the entire harm or any designated portion of the harm, and the plaintiff may recover from one or all of the joint tortfeasors, though limited in total recovery by the total amount of damages.
If a statement involves a public matter, even private plaintiffs must prove actual malice in order to recover presumed damages and _____ damages.
______ 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.
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.
Defamation involving a public figure, or public officials regarding a matter of public concern, requires a showing of ____ _____, which is defined as knowingly making a statement that is a falsehood or making the statement with reckless indifference as to whether the statement is false.
________ is making a statement that causes harm to one's reputation, lowering them in the eyes of the community or deterring others from associating with them.
As a general rule, with some exceptions, one is not vicariously liable for the tortious ____ of an independent contractor.
A joint tortfeasor who agrees to ___ another joint tortfeasor accepts all financial responsibility on behalf of that tortfeasor.
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).
The doctrine of ______ superior makes an employer vicariously liable for the tortious conduct of its employees.
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.
EXCEPTIONS to the general rule that one who hires an independent contractor is ____ liable for their torts include: an employer who is negligent in dealing with an independent contractor (failure to hire a reputable one or failure to inspect their work); delegation of a nondelegable duty; contracting for the performance of an illegal activity; hiring independent contractors to carry out activities that involve risks requiring more than ordinary precautions, where those risks are recognizable in advance.
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.
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.
A statute __ repose can be a defense to a strict liability product liability claim. A statute ___ repose provides a fixed period of time from the date of the original sale during which a product liability suit can be brought.