Question 1

Which of the following is not an example of a licensee?

Accepted Answer

A)  Door-to-door salespeople
B)  Attendees of church services
C)  Solicitors of money for charity
D)  Persons taking shortcuts across the property

Question 2

Rebecca goes for a ride in Owen's car,even though he has told her that the car's brakes frequently fail.In case of any injuries due to this defect,Rebecca would be said to have:

Accepted Answer

A)  an implied assumption of risk.
B)  contributory negligence.
C)  strict liability.
D)  negligence per se.

Question 3

Negligence per se is defined as negligence where one party is a citizen of a foreign nation.

Accepted Answer

A) True 
 B)False

Question 4

Unforeseeable acts are held to be an intervening cause.

Accepted Answer

A) True 
 B)False  True

Question 5

In a case involving an ultrahazardous or abnormally dangerous activity,the plaintiff must prove recklessness on the defendant's part.Any lower fault standard would be unfair to the defendant in such a case.

Accepted Answer

A) True 
 B)False

Question 6

What is a provision in a contract that purports to relieve the defendant of a duty of care he would otherwise owe to the plaintiff called?

Accepted Answer

A)  Strict liability clause
B)  Exculpatory clause
C)  Limited liability clause
D)  Choice of law clause

Question 7

Which of the following is not considered when determining whether a causation link exists?

Accepted Answer

A)  Was the breach an actual cause of the injury?
B)  Was the injury the type one would expect from the breach?
C)  Was the breach a proximate cause of the injury?
D)  What was the effect of any intervening cause arising after the breach and helping to cause the injury?

Question 8

Parsons,a pedestrian watching a construction project,sees that a metal beam being lifted by a crane is about to drop on some unsuspecting workers.Thus,he rushes to the scene to warn the workers.For his efforts,the falling beam strikes him.He sues the construction company for negligence.Which of the following is true? Assume that the falling beam was caused by a breach of duty on the construction company's part.

Accepted Answer

A)  Parsons will recover against the construction company.
B)  Parsons will recover,because construction companies are strictly liable for their employees' acts.
C)  Parsons will not recover,because he knowingly and voluntarily assumed the risk of being struck by the beam.
D)  Parsons will not recover,because he should have instead sued the worker operating the crane. A

Question 9

In the case in the text,Kesner v.Superior Court,the court held that:

Accepted Answer

A)  an employer's duty to prevent take-home exposure extends only to members of a worker's household.
B)  an employer's duty to prevent take-home exposure extends only to family members of a worker's household.
C)  an employer's duty to prevent take-home exposure extends only to immediate family members of a worker's household.
D)  an employer does not owe a duty to its workers to prevent take-home exposure.

Question 10

In some states that have eliminated assumption of risk as a separate and complete defense,assumption of risk reappears as one of the many kinds of fault that a court must weigh in applying the state's comparative fault defense.

Accepted Answer

A) True 
 B)False

Question 11

________ is the omission to do something that a reasonable person would do,or doing something that a prudent and reasonable person would not do.

Accepted Answer

A)  Strict liability
B)  Negligence
C)  Premises liability
D)  Negligence per se

Question 12

Many courts have adopted a test in resolving the proximate cause question,under which a defendant who has breached a duty of care is liable:

Accepted Answer

A)  only for the "natural and probable consequences" of his actions.
B)  for all injuries sustained by the plaintiff.
C)  even for injuries caused by the plaintiff's negligence.
D)  for at least 50 percent of the damages.

Question 13

In Philibert v.Kluser,the case in the text,the court determined what elements allow a bystander to recover for negligent infliction of emotional distress.The court considered three different tests to make this decision.Which of the following was not considered?

Accepted Answer

A)  Substantial factor test
B)  Impact test
C)  Zone of danger test
D)  The Restatement (Thir
D)  Approach

Question 14

The effort by legislatures to cap monetary damages in civil cases is called what?

Accepted Answer

A)  Constitutional reform
B)  Criminal reform
C)  Tort reform
D)  Contract reform

Question 15

Pam and Deb were in a car accident.Deb went through a red light,hitting Pam from the side.Pam was driving 45 miles per hour in a 25-miles-per-hour zone.Pam sues Deb for damages based on negligence.If Pam loses the suit for speeding,which of the following is the most likely reason?

Accepted Answer

A)  The lawsuit was filed in a contributory negligence state.
B)  The lawsuit was filed in a comparative negligence state.
C)  Pam is uninsured.
D)  Pam's accident was seen as res ipsa loquitur. A

Question 16

Tom and Tim both negligently start their own fires.The fires combine to burn down Jeff's house.A court would use the ________ test to determine liability.

Accepted Answer

A)  substantial factor
B)  zone of danger
C)  impact
D)  but-for

Question 17

In Lord v.D & J Enterprises,Inc. ,the case in the text,the court held that:

Accepted Answer

A)  D & J's security measures were unreasonable in light of the risks it was aware of.
B)  Lord presented sufficient evidence to withstand D & J's motion for summary judgment,and it is the jury's role to decide if D & J owed her a duty and breached that duty.
C)  The armed robbery attempt during which Lord was shot would not have occurred if D & J posted a security guard at the entrance of its check cashing location.
D)  Lord failed to present sufficient evidence because she should have presented the testimony of an expert.

Question 18

Ann planned to hike into the woods.On the way,one of the tires on her new car failed.Her vehicle was rendered inoperable.The road was deserted.Rick,a co-hiker,was passing on the way.He abducted her and sexually assaulted her.Ann wants to sue the car company for negligence.Will she succeed?

Accepted Answer

A)  No,because she had voluntarily assumed the risk while passing through the deserted road.
B)  No,because Rick's sexual assault is an unforeseeable intervening cause.
C)  Yes,because the company has breached its duty.
D)  Yes,because the tire's failure only resulted in her injury.

Question 19

Phil decided to rescue Bobo,the dancing bear,from a traveling circus that was closing its business.Although Bobo was a well-behaved grizzly bear,Phil took great care to make sure that Bobo would not escape from his yard by reinforcing the yard's fence with steel and padlocking the gate.One day,without notice,Bobo rushed the fence,knocked the padlock off the gate,and escaped from Phil's yard.Bobo lunged at a young child in the neighborhood,injuring him.Based on these facts:

Accepted Answer

A)  Phil will be liable,only if he breached a duty of due care owed to the child.
B)  Phil will be liable if the harm that resulted to the child was foreseeable to Phil.
C)  Phil will be liable,regardless of the steps that he took to secure the yard.
D)  Phil will most likely not be liable.

Question 20

Catherine decided to have lunch at Tom's,one of the most popular restaurants in town.She ordered soup before her main course.The soup served to Catherine contained a maggot floating about in it.Fortunately,she noticed this before she ate it.She sued Tom's for negligence.The most likely result will be:

Accepted Answer

A)  Catherine will not win since she did not sustain any damages.
B)  Catherine will not win as maggots in soup are foreseeable.
C)  Catherine will win if she proves emotional distress.
D)  Catherine will win because the restaurant failed to exercise due care.

Exam 7: Negligence and Strict Liability

Which of the following is not an example of a licensee?

Correct Answer
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Rebecca goes for a ride in Owen's car,even though he has told her that the car's brakes frequently fail.In case of any injuries due to this defect,Rebecca would be said to have:

Correct Answer
verified

Negligence per se is defined as negligence where one party is a citizen of a foreign nation.

Correct Answer
verified

Unforeseeable acts are held to be an intervening cause.

Correct Answer
verified
True

In a case involving an ultrahazardous or abnormally dangerous activity,the plaintiff must prove recklessness on the defendant's part.Any lower fault standard would be unfair to the defendant in such a case.

Correct Answer
verified

What is a provision in a contract that purports to relieve the defendant of a duty of care he would otherwise owe to the plaintiff called?

Correct Answer
verified

Which of the following is not considered when determining whether a causation link exists?

Correct Answer
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A

In the case in the text,Kesner v.Superior Court,the court held that:

Correct Answer
verified

In some states that have eliminated assumption of risk as a separate and complete defense,assumption of risk reappears as one of the many kinds of fault that a court must weigh in applying the state's comparative fault defense.

Correct Answer
verified

________ is the omission to do something that a reasonable person would do,or doing something that a prudent and reasonable person would not do.

Correct Answer
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Many courts have adopted a test in resolving the proximate cause question,under which a defendant who has breached a duty of care is liable:

Correct Answer
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In Philibert v.Kluser,the case in the text,the court determined what elements allow a bystander to recover for negligent infliction of emotional distress.The court considered three different tests to make this decision.Which of the following was not considered?

Correct Answer
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The effort by legislatures to cap monetary damages in civil cases is called what?

Correct Answer
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Pam and Deb were in a car accident.Deb went through a red light,hitting Pam from the side.Pam was driving 45 miles per hour in a 25-miles-per-hour zone.Pam sues Deb for damages based on negligence.If Pam loses the suit for speeding,which of the following is the most likely reason?

Correct Answer
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A

Tom and Tim both negligently start their own fires.The fires combine to burn down Jeff's house.A court would use the ________ test to determine liability.

Correct Answer
verified

In Lord v.D & J Enterprises,Inc. ,the case in the text,the court held that:

Correct Answer
verified

Ann planned to hike into the woods.On the way,one of the tires on her new car failed.Her vehicle was rendered inoperable.The road was deserted.Rick,a co-hiker,was passing on the way.He abducted her and sexually assaulted her.Ann wants to sue the car company for negligence.Will she succeed?

Correct Answer
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Correct Answer
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Correct Answer
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Exam 7: Negligence and Strict Liability

Which of the following is not an example of a licensee?

Correct AnswerverifiedShow Answer

Rebecca goes for a ride in Owen's car,even though he has told her that the car's brakes frequently fail.In case of any injuries due to this defect,Rebecca would be said to have:

Correct AnswerverifiedShow Answer

Negligence per se is defined as negligence where one party is a citizen of a foreign nation.

Correct AnswerverifiedShow Answer

Unforeseeable acts are held to be an intervening cause.

Correct AnswerverifiedTrue

In a case involving an ultrahazardous or abnormally dangerous activity,the plaintiff must prove recklessness on the defendant's part.Any lower fault standard would be unfair to the defendant in such a case.

Correct AnswerverifiedShow Answer

What is a provision in a contract that purports to relieve the defendant of a duty of care he would otherwise owe to the plaintiff called?

Correct AnswerverifiedShow Answer

Which of the following is not considered when determining whether a causation link exists?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedA

In the case in the text,Kesner v.Superior Court,the court held that:

Correct AnswerverifiedShow Answer

In some states that have eliminated assumption of risk as a separate and complete defense,assumption of risk reappears as one of the many kinds of fault that a court must weigh in applying the state's comparative fault defense.

Correct AnswerverifiedShow Answer

________ is the omission to do something that a reasonable person would do,or doing something that a prudent and reasonable person would not do.

Correct AnswerverifiedShow Answer

Many courts have adopted a test in resolving the proximate cause question,under which a defendant who has breached a duty of care is liable:

Correct AnswerverifiedShow Answer

In Philibert v.Kluser,the case in the text,the court determined what elements allow a bystander to recover for negligent infliction of emotional distress.The court considered three different tests to make this decision.Which of the following was not considered?

Correct AnswerverifiedShow Answer

The effort by legislatures to cap monetary damages in civil cases is called what?

Correct AnswerverifiedShow Answer

Pam and Deb were in a car accident.Deb went through a red light,hitting Pam from the side.Pam was driving 45 miles per hour in a 25-miles-per-hour zone.Pam sues Deb for damages based on negligence.If Pam loses the suit for speeding,which of the following is the most likely reason?

Correct AnswerverifiedA

Tom and Tim both negligently start their own fires.The fires combine to burn down Jeff's house.A court would use the ________ test to determine liability.

Correct AnswerverifiedShow Answer

In Lord v.D & J Enterprises,Inc. ,the case in the text,the court held that:

Correct AnswerverifiedShow Answer

Ann planned to hike into the woods.On the way,one of the tires on her new car failed.Her vehicle was rendered inoperable.The road was deserted.Rick,a co-hiker,was passing on the way.He abducted her and sexually assaulted her.Ann wants to sue the car company for negligence.Will she succeed?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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True

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A

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A

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