Question 1

To which of the following does a property owner owe the highest duty of care?

Accepted Answer

A)  A stranded motorist who comes onto the property to seek help 
B)  A social guest and close friend who have come to the house for a party 
C)  A client who has come to an accountant's office in a building which the accountant owns 
D)  A neighbor who comes over uninvited to use a backyard lounge chair 
A)  A stranded motorist who comes onto the property to seek help 
B)  A social guest and close friend who have come to the house for a party 
C)  A client who has come to an accountant's office in a building which the accountant owns 
D)  A neighbor who comes over uninvited to use a backyard lounge chair C

Question 2

What is the difference between contributory negligence and comparative negligence? Why have so many states adopted comparative negligence?

Accepted Answer

Contributory negligence is a plaintiff's failure to exercise reasonable care, which is a legally contributing cause along with the defendant's negligence in causing the plaintiff's harm. It is normally a complete bar to the plaintiff's recovery. Comparative negligence is a more recent doctrine that allows a jury to apportion fault between parties. States have adopted comparative negligence to avoid the harshness of the contributory negligence doctrine.

Question 3

While comparative negligence is generally not a defense in a strict liability case, contributory negligence generally is a successful defense.

Accepted Answer

A) True 
 B)False  False

Question 4

In which of the following situations would a court be likely to find an affirmative duty to act?

Accepted Answer

A)  Where a pedestrian witnesses an auto accident in which one of the drivers is injured. 
B)  Where an airline attendant sees one passenger threaten another passenger. 
C)  Where the driver of a car sees a two-year-old toddler wandering in the middle of a busy street. 
D)  All of these are situations where legally there is an affirmative duty to act. 
A)  Where a pedestrian witnesses an auto accident in which one of the drivers is injured. 
B)  Where an airline attendant sees one passenger threaten another passenger. 
C)  Where the driver of a car sees a two-year-old toddler wandering in the middle of a busy street. 
D)  All of these are situations where legally there is an affirmative duty to act.

Question 5

The Third Restatement of Torts limits the defense of assumption of risk to express assumption of the risk.

Accepted Answer

A) True 
 B)False

Question 6

In all states, a sixteen-year-old who drives a car will not be held to the same standard of care as an adult for purposes of determining negligence.

Accepted Answer

A) True 
 B)False

Question 7

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens. The chickens died, and the neighbor sues. What is the likely result?

Accepted Answer

A)  Cal is not liable because he was not negligent in his spraying operation. 
B)  Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence. 
C)  Cal is liable because spraying pesticides is an abnormally dangerous activity. 
D)  Cal is not liable for the damage because of contributory negligence. 
A)  Cal is not liable because he was not negligent in his spraying operation. 
B)  Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence. 
C)  Cal is liable because spraying pesticides is an abnormally dangerous activity. 
D)  Cal is not liable for the damage because of contributory negligence.

Question 8

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding" by prohibiting car owners from leaving the keys in their cars if the cars are unattended, is likely to be characterized as:

Accepted Answer

A)  negligence per se. 
B)  res ipsa loquitur. 
C)  contributory negligence. 
D)  assumption of risk. 
A)  negligence per se. 
B)  res ipsa loquitur. 
C)  contributory negligence. 
D)  assumption of risk.

Question 9

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered. Then Sally went into the kitchen to make hamburger patties. While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet. In a modified comparative negligence state, who is liable?

Accepted Answer

A)  Sally is liable for ALL of Pat's injuries. 
B)  If Sally is found negligent, Sally is liable for a proportionate share of Pat's injuries unless Pat's negligence was as great as or greater than Sally's. 
C)  Sally is not liable for any of Pat's injuries. 
D)  Sally is liable for Pat's injuries only if Pat was more negligent than Sally. 
A)  Sally is liable for ALL of Pat's injuries. 
B)  If Sally is found negligent, Sally is liable for a proportionate share of Pat's injuries unless Pat's negligence was as great as or greater than Sally's. 
C)  Sally is not liable for any of Pat's injuries. 
D)  Sally is liable for Pat's injuries only if Pat was more negligent than Sally.

Question 10

The general rule in negligence is that a person is under a duty to all others at all times to exercise reasonable care for the safety of others.

Accepted Answer

A) True 
 B)False

Question 11

If a statute establishing a reasonable person standard of conduct is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

Accepted Answer

A)  strict liability. 
B)  res ipsa loquitur. 
C)  negligence per se. 
D)  assumption of the risk. 
A)  strict liability. 
B)  res ipsa loquitur. 
C)  negligence per se. 
D)  assumption of the risk.

Question 12

If a raccoon gets loose from a cage and harms someone, the owner can escape liability by showing that he took great care to keep the animal confined.

Accepted Answer

A) True 
 B)False

Question 13

Seventeen-year-old Todd has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign.

Accepted Answer

A)  Todd is engaging in an adult activity and will be held to the same standard as an adult in most of the states. 
B)  Todd is a minor and will have no responsibility for his torts. 
C)  Todd's parents are responsible for any torts he commits. 
D)  Todd is responsible only if he has been driving for more than one year. 
A)  Todd is engaging in an adult activity and will be held to the same standard as an adult in most of the states. 
B)  Todd is a minor and will have no responsibility for his torts. 
C)  Todd's parents are responsible for any torts he commits. 
D)  Todd is responsible only if he has been driving for more than one year.

Question 14

Comparative negligence has replaced the contributory negligence doctrine in most states.

Accepted Answer

A) True 
 B)False

Question 15

Special relations between the parties, such as babysitter and child, may impose a duty of reasonable care to aid or protect the child in situations where the duty would not otherwise exist.

Accepted Answer

A) True 
 B)False

Question 16

Arthur negligently stopped his car on the highway. Betty, who was driving along, saw Arthur's car in sufficient time to attempt to stop. However, Betty negligently put her foot on the accelerator instead of the brake and ran into Arthur's car. If Arthur sues Betty for damages:

Accepted Answer

A)  Arthur's contributory negligence will prevent his recovery from Betty in all jurisdictions. 
B)  Betty had the last clear chance to avoid the accident and will bear full legal responsibility for it. 
C)  Arthur has assumed the risk of the accident. 
D)  because both parties were negligent, in a state that follows the modified comparative negligence doctrine, both parties will share the liability for their injuries in proportion to their degree of fault unless the court finds Arthur's contributory negligence was as great as or greater than Betty's negligence. 
A)  Arthur's contributory negligence will prevent his recovery from Betty in all jurisdictions. 
B)  Betty had the last clear chance to avoid the accident and will bear full legal responsibility for it. 
C)  Arthur has assumed the risk of the accident. 
D)  because both parties were negligent, in a state that follows the modified comparative negligence doctrine, both parties will share the liability for their injuries in proportion to their degree of fault unless the court finds Arthur's contributory negligence was as great as or greater than Betty's negligence.

Question 17

Oscar, who was driving too fast, collided with a truck carrying explosives. The truck was unmarked, so Oscar had no way of knowing what it contained. The collision caused an explosion, which shattered glass in a building a block away. The glass injured Ida, who was working inside the building. John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion. In this case:

Accepted Answer

A)  Oscar's negligent driving is the proximate cause of Ida's injury. 
B)  Oscar's negligent driving is the proximate cause of John's injury. 
C)  both Ida and John are within the zone of danger of the collision. 
D)  All of these. 
A)  Oscar's negligent driving is the proximate cause of Ida's injury. 
B)  Oscar's negligent driving is the proximate cause of John's injury. 
C)  both Ida and John are within the zone of danger of the collision. 
D)  All of these.

Question 18

If negligence of the plaintiff and negligence of the defendant proximately caused the injury and damage sustained by the plaintiff, the plaintiff can recover some damages in those states where contributory negligence is still recognized.

Accepted Answer

A) True 
 B)False

Question 19

The local supermarket has a large glass front door which is well lighted and plainly visible. Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it, shattering the door and injuring himself. The store:

Accepted Answer

A)  is strictly liable to Nelson. 
B)  is not liable to Nelson. 
C)  is liable under res ipsa loquitur. 
D)  has no duty to Nelson. 
A)  is strictly liable to Nelson. 
B)  is not liable to Nelson. 
C)  is liable under res ipsa loquitur. 
D)  has no duty to Nelson.

Question 20

A defendant will be liable for all harm that can be traced back to the defendant's negligence.

Accepted Answer

A) True 
 B)False

Exam 8: Negligence and Strict Liability

To which of the following does a property owner owe the highest duty of care?

What is the difference between contributory negligence and comparative negligence? Why have so many states adopted comparative negligence?

While comparative negligence is generally not a defense in a strict liability case, contributory negligence generally is a successful defense.

In which of the following situations would a court be likely to find an affirmative duty to act?

The Third Restatement of Torts limits the defense of assumption of risk to express assumption of the risk.

In all states, a sixteen-year-old who drives a car will not be held to the same standard of care as an adult for purposes of determining negligence.

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens. The chickens died, and the neighbor sues. What is the likely result?

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding" by prohibiting car owners from leaving the keys in their cars if the cars are unattended, is likely to be characterized as:

The general rule in negligence is that a person is under a duty to all others at all times to exercise reasonable care for the safety of others.

If a statute establishing a reasonable person standard of conduct is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

If a raccoon gets loose from a cage and harms someone, the owner can escape liability by showing that he took great care to keep the animal confined.

Seventeen-year-old Todd has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign.

Comparative negligence has replaced the contributory negligence doctrine in most states.

Special relations between the parties, such as babysitter and child, may impose a duty of reasonable care to aid or protect the child in situations where the duty would not otherwise exist.

Arthur negligently stopped his car on the highway. Betty, who was driving along, saw Arthur's car in sufficient time to attempt to stop. However, Betty negligently put her foot on the accelerator instead of the brake and ran into Arthur's car. If Arthur sues Betty for damages:

If negligence of the plaintiff and negligence of the defendant proximately caused the injury and damage sustained by the plaintiff, the plaintiff can recover some damages in those states where contributory negligence is still recognized.

The local supermarket has a large glass front door which is well lighted and plainly visible. Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it, shattering the door and injuring himself. The store:

A defendant will be liable for all harm that can be traced back to the defendant's negligence.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

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the Legal Environment of Business

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Agency

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Negotiable Instruments

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