UNIVERSITY OF IOWA (HOSMANEK)
ACCUMULATED VERSION 2026 STUDY
GUIDE | PRACTICE QUESTIONS, ANSWERS
& RATIONALES
| GRADED A+ | GUARANTEED SUCCESS
Updated 2026 Questions and Answers
100% Verified Exam Prep and Comprehensive
Rationales Included
,Recklessness - Somewhere between negligence and intentional torts.
- Ex.: Someone leaving out a burrito for 7 days before eating it or serving it to
someone else.
Strict Liability - Some acts are so dangerous the law poses a high burden on them
- Ex.: Chemicals, explosives, wild animals
Intentional Torts - A person "must intend to commit an act, the consequences of which interfere
with another's personal or business interests in a way not permitted by law."
- Ex.: Herky laced the burrito with a laxative
Intent - In tort law, intent means only that the actor intended the consequences of his or
her act or knew with substantial certainty that specific consequences would result
from the act.
- Reckless or careless behavior can also be intentional.
Main Examples of Torts - Assault, Battery, and False Imprisonment
Intellectual Property (IP) Torts - Copyright Infringement, Trademark, and Patent Infringement
Fraud Tort - Providing false or misleading information with the intent to harm the victim.
Defamation - Wrongfully hurting someone's good reputation.
- Ex.: Public figures
- Requires that publication of a statement about another person that damages the
person's reputation.
Wrongful Interference - Defendant maliciously interferes and prevents relationship from forming,
"predatory behavior"
Libel - Written defamatory statement(s)
Slander - Spoken defamatory statement(s)
Compensatory Damages - Damages awarded to an injured party in a breach of contract lawsuit which are
intended to compensate the injured party for its losses, to satisfy the party's
restitution interests.
Punitive Damages - Monetary damages awarded by a judge or jury in a civil lawsuit to the winning
party to punish the losing party for engaging in reckless behavior are called
punitive damages.
- These types of damages are not intended to compensate the winning party for
his or her actual losses.
Palsgraf Case - Nothing in the situation that even the most cautious mind would see to prevent
what occurred.
Defenses to Negligence - Superseding Cause, Assumption
Defenses to Defamation - Consent, Self-Defense, Truth, Absolute Privilege, Qualified Privilege
, Consent (Defense) - Defense to assault and battery; the person subject to the alleged assault
demonstrates willingness to accept the consequences of it
Self-Defense - Defense to assault and battery
Product Liability - Manufacturers, sellers, and lessors of goods can be held liable to consumers,
users, and bystanders for physical harm or property damage that is caused by the
goods.
Absolute Privilege - Some situations that prevent a person from being sued for defamation.
Qualified Privilege - Certain situations that protect a speaker from defamation claims.
Caveat Emptor - A common law rule that means "let the buyer beware."
- This rule placed the responsibility on the buyer to make sure the product he or
she was purchasing was not defective and was in working order.
- Ex.: If the buyer purchased the product without objecting to any of its defects
(whether those defects were easily found or hidden) and later was injured by
using the product, the buyer could not sue the manufacturer for his/ her injuries.
Truth - Defense to claim of defamation if the statement was true.
Privity of Contract - Obligations limited to the parties to the initial contract (the manufacturer and
product retailer)
- Customers who bought at retail could not sue the manufacturer.
Warranty A legal enforceable promise made by the seller of goods
Express Warranty - Warranty created by statements made during the buying-selling process, or an
advertisement.
- Ex.: "This car has 100% shatter-proof glass."
Implied Warranties - Goods should be reasonably fit for their ordinary purpose, "product guarantee
or promise that is created by law that automatically attaches to the product being
sold".
Magnusson-Moss Warranty Act - Gives authority to the federal trade commission to regulate warranties for
consumer products- which are products "normally used for personal, family, or
household purposes."
Negligent Design - "A product free of unreasonable risk"
Negligent Manufacture - Failure to Inspect, Careless Assembly
Breach of Duty of Care - Failure to warn "about damages of normal use and foreseeable misuse"- no duty
however to warn about obvious dangers.
Res Ispa Loquitor - "The thing speaks for itself", refers to "must have been" situations.
Branches of Administrative Agencies - Agencies act as the legislative, executive, and judicial.