Question 1

Under the Andrews test, the plaintiff is not owed a duty unless he or she was in the zone of danger.

Accepted Answer

A) True 
 B)False

Question 2

Vince falls down the stairs in his home. Luckily, he has his cell phone in his pocket. While immobilized on the floor, he calls a neighbor to ask the neighbor to call an ambulance. The neighbor says, "I'll take care of it." The neighbor gets distracted and forgets to call the ambulance. Vince sues the neighbor for negligence.

Accepted Answer

A)  The neighbor did not have a duty to help Vince because the neighbor's promise to call the ambulance was gratuitous. 
B)  The neighbor had a duty to help Vince even though the promise to call the ambulance was gratuitous. 
C)  The neighbor had a duty to help Vince because of the special relationship that exists between neighbors. 
D)  The neighbor did not have a duty to help Vince because there was no affirmative conduct by the neighbor that endangered Vince. 
A)  The neighbor did not have a duty to help Vince because the neighbor's promise to call the ambulance was gratuitous. 
B)  The neighbor had a duty to help Vince even though the promise to call the ambulance was gratuitous. 
C)  The neighbor had a duty to help Vince because of the special relationship that exists between neighbors. 
D)  The neighbor did not have a duty to help Vince because there was no affirmative conduct by the neighbor that endangered Vince.

Question 3

Nonfeasance can never be the basis of negligence liability.

Accepted Answer

A) True 
 B)False

Question 4

Match between columns
                        Premises: the area within which it is foreseeable that someone may be injured

Accepted Answer

The Answer of Cardozo test and unforeseeable plaintiff and malfeasance is...

Question 5

The Ace Pesticide Company (APC) is hired by Irene to spray chemicals on her farm. On the day of the spraying it was unexpectedly windy. Some of the pesticide fell on George's crops. George's farm is adjacent to Irene's. George sues APC for negligence.

Accepted Answer

A)  APC did not owe a duty to George because APC was not hired by George. 
B)  APC owed a duty to George because its affirmative conduct put George's crops at risk. 
C)  APC owed a duty to George if the spraying was illegal. 
D)  APC did not owe a duty to George because the damage to George's crops was caused by an act of God, the unexpected wind. 
A)  APC did not owe a duty to George because APC was not hired by George. 
B)  APC owed a duty to George because its affirmative conduct put George's crops at risk. 
C)  APC owed a duty to George if the spraying was illegal. 
D)  APC did not owe a duty to George because the damage to George's crops was caused by an act of God, the unexpected wind.

Question 6

List seven categories of special relationships.

Accepted Answer

common carrier/passenger, innk

Question 7

Match between columns
                        Premises: someone not in the zone of danger

Accepted Answer

The Answer of Andrews and unforeseeable plaintiff and zone of is...

Question 8

Match between columns
                        Premises: performed or given without a duty or obligation to do so

Accepted Answer

The Answer of malfeasance and nonfeasance and misfeasance and gratuitous is...

Question 9

Palsgraf is a famous case that helped define the meaning of breach of duty in negligence cases.

Accepted Answer

A) True 
 B)False

Question 10

Match between columns
                        Premises: an obligation to conform to a standard of conduct

Accepted Answer

The Answer of zone of danger and Cardozo test and is...

Question 11

Match between columns
                        Premises: something of value that is exchanged between parties

Accepted Answer

The Answer of nonfeasance and gratuitous and unforeseeable plaintiff and is...

Under the Andrews test, the plaintiff is not owed a duty unless he or she was in the zone of danger.

Nonfeasance can never be the basis of negligence liability.

The Ace Pesticide Company (APC) is hired by Irene to spray chemicals on her farm. On the day of the spraying it was unexpectedly windy. Some of the pesticide fell on George's crops. George's farm is adjacent to Irene's. George sues APC for negligence.

List seven categories of special relationships.

Palsgraf is a famous case that helped define the meaning of breach of duty in negligence cases.

Introduction to Tort Law and Practice

Foreseeability in Tort Law

Battery

Assault

False Imprisonment and False Arrest

Misuse of Legal Proceedings

Infliction of Emotional Distress

Conversion and Trespass to Chattels

Strict Liability

Negligence: a Summary

Negligence: Element II: Breach of Duty

Negligence: Element III: Proximate Cause

Negligence: Element Iv: Damages

Negligence: Defenses

Products Liability

Survival and Wrongful Death

Torts Against and Within the Family

Torts Connected With Land

Defamation

Invasion of Privacy

Misrepresentation, Tortious Interference, and Other Torts

Additional Tort Defenses

Workers Compensation

Filters

Exam 11: Negligence: Element I: Duty

Under the Andrews test, the plaintiff is not owed a duty unless he or she was in the zone of danger.

Nonfeasance can never be the basis of negligence liability.

The Ace Pesticide Company (APC) is hired by Irene to spray chemicals on her farm. On the day of the spraying it was unexpectedly windy. Some of the pesticide fell on George's crops. George's farm is adjacent to Irene's. George sues APC for negligence.

List seven categories of special relationships.

Palsgraf is a famous case that helped define the meaning of breach of duty in negligence cases.

Introduction to Tort Law and Practice

Foreseeability in Tort Law

Battery

Assault

False Imprisonment and False Arrest

Misuse of Legal Proceedings

Infliction of Emotional Distress

Conversion and Trespass to Chattels

Strict Liability

Negligence: a Summary

Negligence: Element II: Breach of Duty

Negligence: Element III: Proximate Cause

Negligence: Element Iv: Damages

Negligence: Defenses

Products Liability

Survival and Wrongful Death

Torts Against and Within the Family

Torts Connected With Land

Defamation

Invasion of Privacy

Misrepresentation, Tortious Interference, and Other Torts

Additional Tort Defenses

Workers Compensation

Filters