Question 1

Which of the following is correct with respect to the reasonable person standard?

Accepted Answer

A)  It makes allowance for mental deficiency. 
B)  It holds someone with a physical disability to the same standard as someone without such disability. 
C)  It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience. 
D)  A person's skill or training has no bearing on the reasonable person standard. 
A)  It makes allowance for mental deficiency. 
B)  It holds someone with a physical disability to the same standard as someone without such disability. 
C)  It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience. 
D)  A person's skill or training has no bearing on the reasonable person standard.

Question 2

Which of the following is a defense that a defendant could raise in an action based on strict liability?

Accepted Answer

A)  The plaintiff negligently failed to observe a sign on a highway warning of blasting operations and was injured from the operations. 
B)  The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged. 
C)  A child played with a neighbor's pet raccoon which had escaped from its cage. The child teased the pet and was bitten. 
D)  All of these are valid defenses which would be successful if raised by the defendant. 
A)  The plaintiff negligently failed to observe a sign on a highway warning of blasting operations and was injured from the operations. 
B)  The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged. 
C)  A child played with a neighbor's pet raccoon which had escaped from its cage. The child teased the pet and was bitten. 
D)  All of these are valid defenses which would be successful if raised by the defendant.

Question 3

The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of:

Accepted Answer

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

Question 4

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

Accepted Answer

Contributory negligence is a failure of

Question 5

Tom's dog has bitten three mail carriers, but Tom can't bear to chain him up. When the dog bites the newsboy, Tom will be strictly liable.

Accepted Answer

A) True 
 B)False

Question 6

The standard of conduct which is the basis for the law of negligence is usually determined by a cost-benefit or risk-benefit analysis.

Accepted Answer

A) True 
 B)False

Question 7

By law, bystanders are always required to help others in peril.

Accepted Answer

A) True 
 B)False

Question 8

Arnie negligently stopped his car on the highway. Beth, who was driving along, saw Arnie's car in sufficient time to attempt to stop. However, Beth negligently put her foot on the accelerator instead of the brake and ran into Arnie's car. In this case:

Accepted Answer

A)  Arnie's contributory negligence will prevent his recovery from Beth in all jurisdictions. 
B)  Beth had the last clear chance to avoid the accident and will bear legal responsibility for it. 
C)  Arnie has assumed the risk of the accident. 
D)  because both parties were negligent, in a state that follows the pure comparative negligence doctrine, both parties will share the liability for their injuries. 
A)  Arnie's contributory negligence will prevent his recovery from Beth in all jurisdictions. 
B)  Beth had the last clear chance to avoid the accident and will bear legal responsibility for it. 
C)  Arnie has assumed the risk of the accident. 
D)  because both parties were negligent, in a state that follows the pure comparative negligence doctrine, both parties will share the liability for their injuries.

Question 9

What activities give rise to strict liability and what defenses are available to strict liability?

Accepted Answer

Strict liability, or liability without f

Question 10

Principal factors that the courts consider in determining limitations on the causal connection between the defendant's negligence and the plaintiff's injury are:

Accepted Answer

A)  negligence per se  and proximate cause. 
B)  unforeseeable consequences and negligence per se. 
C)  superseding causes and proximate cause. 
D)  unforeseeable consequences and superseding causes. 
A)  negligence per se  and proximate cause. 
B)  unforeseeable consequences and negligence per se. 
C)  superseding causes and proximate cause. 
D)  unforeseeable consequences and superseding causes.

Question 11

Even if a defendant's own negligent conduct created an emergency, he will not be liable for the consequences of the conduct if he acted with care in the resulting emergency situation.

Accepted Answer

A) True 
 B)False

Question 12

The Restatement Third, Torts: Liability for Economic Harm addresses only intentional, not  unintentional  infliction of economic loss.

Accepted Answer

A) True 
 B)False

Question 13

Some states have today merged the implied assumption of risk doctrine into their comparative negligence systems.

Accepted Answer

A) True 
 B)False

Question 14

The "but for" test is useful when two or more forces, each of which is sufficient to bring about the harm in question, are actively operating.

Accepted Answer

A) True 
 B)False

Question 15

A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit.

Accepted Answer

A)  res ipsa loquitur . 
B)  duty to act. 
C)  emergency. 
D)  unintentional tort. 
A)  res ipsa loquitur . 
B)  duty to act. 
C)  emergency. 
D)  unintentional tort.

Question 16

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place. Mindy jumped out into the street five feet in front of his car. Chris could not help but hit her. What is Chris's best defense to the charge of negligence?

Accepted Answer

A)  Mindy had a mental deficiency. 
B)  He was not negligent since he did not have a statutory duty to keep his brakes in top condition. 
C)  Mindy crossed in the middle of the street, which is against the law. 
D)  He was lawfully seeking a parking place and did not see her jump out. 
A)  Mindy had a mental deficiency. 
B)  He was not negligent since he did not have a statutory duty to keep his brakes in top condition. 
C)  Mindy crossed in the middle of the street, which is against the law. 
D)  He was lawfully seeking a parking place and did not see her jump out.

Question 17

Under the Restatement  Second   Torts: Liability for Physical and Emotional Harm , a possessor of land must warn licensees of dangerous conditions of which the possessor has knowledge and the licensees do not and which they are not likely to discover.

Accepted Answer

A) True 
 B)False

Question 18

Because of the harshness of the all-or-nothing contributory negligence rule, nearly all states have now substituted the last clear chance doctrine for contributory negligence.

Accepted Answer

A) True 
 B)False

Question 19

An action for negligence consists of which of the following elements which the plaintiff must prove?

Accepted Answer

A)  Injury. 
B)  Res ipsa loquitur . 
C)  A reasonable person. 
D)  Superior skill or knowledge. 
A)  Injury. 
B)  Res ipsa loquitur . 
C)  A reasonable person. 
D)  Superior skill or knowledge.

Question 20

The Love v. Hardee's Food Systems, Inc. case dealt with the responsibility of the owner or possessor of property to an invitee to warn of, remove, or barricade a dangerous condition of the premises.

Accepted Answer

A) True 
 B)False

Exam 8: Negligence and Strict Liability

Which of the following is correct with respect to the reasonable person standard?

Which of the following is a defense that a defendant could raise in an action based on strict liability?

The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of:

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

Tom's dog has bitten three mail carriers, but Tom can't bear to chain him up. When the dog bites the newsboy, Tom will be strictly liable.

The standard of conduct which is the basis for the law of negligence is usually determined by a cost-benefit or risk-benefit analysis.

By law, bystanders are always required to help others in peril.

Arnie negligently stopped his car on the highway. Beth, who was driving along, saw Arnie's car in sufficient time to attempt to stop. However, Beth negligently put her foot on the accelerator instead of the brake and ran into Arnie's car. In this case:

What activities give rise to strict liability and what defenses are available to strict liability?

Principal factors that the courts consider in determining limitations on the causal connection between the defendant's negligence and the plaintiff's injury are:

Even if a defendant's own negligent conduct created an emergency, he will not be liable for the consequences of the conduct if he acted with care in the resulting emergency situation.

The Restatement Third, Torts: Liability for Economic Harm addresses only intentional, not unintentional infliction of economic loss.

Some states have today merged the implied assumption of risk doctrine into their comparative negligence systems.

The "but for" test is useful when two or more forces, each of which is sufficient to bring about the harm in question, are actively operating.

A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit.

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place. Mindy jumped out into the street five feet in front of his car. Chris could not help but hit her. What is Chris's best defense to the charge of negligence?

Under the Restatement Second Torts: Liability for Physical and Emotional Harm , a possessor of land must warn licensees of dangerous conditions of which the possessor has knowledge and the licensees do not and which they are not likely to discover.

Because of the harshness of the all-or-nothing contributory negligence rule, nearly all states have now substituted the last clear chance doctrine for contributory negligence.

An action for negligence consists of which of the following elements which the plaintiff must prove?

The Love v. Hardee's Food Systems, Inc. case dealt with the responsibility of the owner or possessor of property to an invitee to warn of, remove, or barricade a dangerous condition of the premises.

Introduction to Law

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