Torts Flashcards
7 cards from real AR BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts flashcards as text
Strict liability for abnormally dangerous activities is imposed regardless of:
Answer: The degree of care exercised by the defendant
Strict liability for abnormally dangerous activities holds defendants liable regardless of the degree of care exercised, because the activity itself creates an unacceptable risk of harm.
Under products liability, which theory allows a plaintiff to recover without proving the manufacturer was negligent?
Answer: Strict liability in tort under Restatement Second §402A
Strict liability in tort (Restatement Second §402A) allows recovery when a product is defective and unreasonably dangerous, without requiring proof that the manufacturer was negligent.
A manufacturing defect in a products liability case is best described as:
Answer: A specific product unit that deviates from the manufacturer's intended design
A manufacturing defect occurs when a specific product unit deviates from the manufacturer's intended design specifications, making that particular unit defective.
Under New York Times v. Sullivan, a public figure suing for defamation must prove:
Answer: Actual malice—knowledge of falsity or reckless disregard for truth
Under New York Times v. Sullivan, a public figure must prove actual malice—that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.
Which of the following is a complete defense to a defamation claim?
Answer: All of the above are complete defenses
Truth, absolute and qualified privilege, and the opinion privilege are all recognized complete defenses to defamation that bar any recovery.
Which of the following is one of the four recognized categories of invasion of privacy?
Answer: Appropriation of the plaintiff's name or likeness for commercial gain
Appropriation of the plaintiff's name or likeness for the defendant's commercial advantage without consent is one of the four recognized privacy torts.
Under Arkansas products liability law, which of the following is a recognized defense that may reduce or bar the plaintiff's recovery?
Answer: The plaintiff's comparative fault in misusing a product in a known dangerous way
The plaintiff's comparative fault, including unreasonable product misuse or assumption of a known risk, is a recognized defense that can reduce or bar recovery in an Arkansas products liability claim.