TRUE OR FALSE

TORT LAW : PLS 105

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____T___ F 8. The warranty of fitness for a particular purpose is an implied promise that the product will perform the function for which it was advertised.

____T____F 9. The implied warranty of fitness for a particular purpose is based on the representations, statements, and/or negotiations, between buyer and seller.

____T___ F 10. A plaintiff in a product liability lawsuit must demonstrate that the manufacturer of the product deliberately set out to innovate a defective product.

____T____F 11. The law of defamation has remained the same without any changes in the past few decades.

____T____F 12. A defamation action may be successful if the Plaintiff can prove the defendant injured the Plaintiff's reputation or exposed the Plaintiff to public humiliation by making an untruthful statement to a third person.

____T___ F 13. Defamation is different from other torts in that the focus of the action is not the injury to Plaintiff's physical, financial, or emotional status, but the damage done to Plaintiff's reputation.

____T____F 14. Defamation may occur in several different ways.

____T____F 15. When a defendant makes a defamatory statement verbally, that is untrue, then Plaintiff may bring an action, against Defendant for libel.

____T____F 16. When a Defendant makes a defamatory statement in writing, that is untrue, then Plaintiff may bring an action, against Defendant for slander.

____T____F 17. One of the primary defenses to a defamation action for libel or slander is that the statement made by Defendant about Plaintiff is true and therefore the statement is not defamatory.

____T____F 18. It is not necessary for the defamatory statement made by Defendant about Plaintiff be overheard or read by a third person and its meaning understood by that person.

____T____F 19. In "simple" libel or slander cases, Plaintiff must prove that the untrue, defamatory statement, damaged the reputation of Plaintiff.

____T____F 20. Slander, per se, occurs when Defendant falsely accuses Plaintiff of committing a crime involving theft or dishonesty, or having a communicable sexual disease.

____T____F 21. A deceased person may maintain a successful cause of action for defamation through his heirs or next of kin, for damage to the reputation of the deceased.

____T____F 22. A public person must prove by clear and convincing proof that the defamatory statement was made with the knowledge that the statement was false or was made with wanton and reckless disregard for the truth.