Question 1

In a comparative negligence state,if a plaintiff is found to be 30 percent negligent,the award against the defendant will be reduced by 70 percent.

Accepted Answer

A) True 
 B)False

Question 2

Breakfast Foods Corporation markets waffle irons,one of which proves defective and injures Chelsea.Breakfast Foods's strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that

Accepted Answer

A) Breakfast Foods profits from the sale of its waffle irons. 
B) Chelsea is a person,not a corporation like Breakfast Foods. 
C) marketing is an "abnormally dangerous activity." 
D) the doctrine of strict liability is the norm rather than the exception. 
A) Breakfast Foods profits from the sale of its waffle irons. 
B) Chelsea is a person,not a corporation like Breakfast Foods. 
C) marketing is an "abnormally dangerous activity." 
D) the doctrine of strict liability is the norm rather than the exception.

Question 3

Pam files a successful suit against Quality Market based on Quality's neg?ligence.Normally,an award in such a suit consists of

Accepted Answer

A) comparative damages. 
B) compensatory damages. 
C) contributory damages. 
D) punitive damages. 
A) comparative damages. 
B) compensatory damages. 
C) contributory damages. 
D) punitive damages.

Question 4

Some risks are obvious but,with respect to the duty of care required to establish negligence,a warning is always necessary.

Accepted Answer

A) True 
 B)False

Question 5

Nico is a passenger in a car driven by Owen,whose negligence causes an accident,injuring himself.Nico,uninjured,accompanies Owen to Parkside Hospital in an ambulance.The ambulance is hit by a car driven by Quin,injuring Nico.Nico files a suit against Owen,whose best defense is

Accepted Answer

A) assumption of risk. 
B) contributory negligence. 
C) negligence per se. 
D) superseding cause. 
A) assumption of risk. 
B) contributory negligence. 
C) negligence per se. 
D) superseding cause.

Question 6

George has a badly infected right foot.Herb,George's physician,prescribes amputation.George agrees.During the operation,Herb amputates the left foot.In George's suit against Herb,George's best theory for recovery is

Accepted Answer

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

Question 7

Lana hires Mike,an architect,to design a warehouse.Lana is dissatis?fied with the look of the new building and sues Mike,alleging negligence.Mike can successfully defend against the suit by proving that

Accepted Answer

A) he is not familiar with every principle of art. 
B) his design is as attractive as an ordinary person's. 
C) Lana could not have designed a more attractive building. 
D) Lana was not injured in any way. 
A) he is not familiar with every principle of art. 
B) his design is as attractive as an ordinary person's. 
C) Lana could not have designed a more attractive building. 
D) Lana was not injured in any way.

Question 8

Marie,a driver for Northern States Transport Company,causes a five-car acci?dent on an interstate highway.Marie and Northern States are liable to

Accepted Answer

A) all those who are injured. 
B) only those whose injuries could reasonably have been foreseen. 
C) only those whose cars were immediately ahead and behind Marie. 
D) only those who do not have insurance. 
A) all those who are injured. 
B) only those whose injuries could reasonably have been foreseen. 
C) only those whose cars were immediately ahead and behind Marie. 
D) only those who do not have insurance.

Question 9

The law establishes limits to liability for negligence through the concept of proximate cause.

Accepted Answer

A) True 
 B)False

Question 10

Resources Recovery,Inc. ,uses dynamite in its remote mining operations.Sabrina stores household cleaners in his suburban garage.Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activ?ity is
a.neither Resources Recovery nor Sabrina.
b.Resources Recovery and Sabrina.
c.Resources Recovery only.
d.Sabrina only.

Accepted Answer

C page: 132 TYPE: =

Question 11

Jean is playing a computer game on a bad disk that melts in her drive,starting a fire that injures her hands.Jean files a suit against K-Tech,Inc. ,the game's manufacturer.K-Tech is held liable under the doctrine of strict liability.A significant appli?cation of this doctrine is in the area of

Accepted Answer

A) cyber crime. 
B) negligence. 
C) product liability. 
D) res ipsa loquitur. 
A) cyber crime. 
B) negligence. 
C) product liability. 
D) res ipsa loquitur.

Question 12

Taylor slips and falls in Urban Mall and is injured.She files a suit against the mall for $500,000.Under a "pure" comparative negligence rule,Taylor could recover damages

Accepted Answer

A) only if both parties were equally at fault. 
B) only if Taylor was less than 50 percent at fault. 
C) only if Taylor was more than 51 percent at fault. 
D) under any circumstances. 
A) only if both parties were equally at fault. 
B) only if Taylor was less than 50 percent at fault. 
C) only if Taylor was more than 51 percent at fault. 
D) under any circumstances.

Question 13

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident,and Elin is injured.Liability may be imposed on Dirk for Elin's injury if Dirk's driving is

Accepted Answer

A) neither the causation in fact nor the proximate cause of the injury. 
B) only the causation in fact of the injury. 
C) only the proximate cause of the injury. 
D) the causation in fact and the proximate cause of the injury. 
A) neither the causation in fact nor the proximate cause of the injury. 
B) only the causation in fact of the injury. 
C) only the proximate cause of the injury. 
D) the causation in fact and the proximate cause of the injury.

Question 14

The extreme risk of an activity is a defense against imposing strict liability.

Accepted Answer

A) True 
 B)False

Question 15

Molly shoots Norm with Opal's pistol.The proximate cause of Norm be?ing shot is most likely attributable to

Accepted Answer

A) Molly and Opal. 
B) Molly only. 
C) Opal only. 
D) neither Molly nor Opal. 
A) Molly and Opal. 
B) Molly only. 
C) Opal only. 
D) neither Molly nor Opal.

Question 16

Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company's reservoir.The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in

Accepted Answer

A) Lyn v.Mining Co. 
B) Palsgraf v.Long Island Railroad Co. 
C) Rylands v.Fletcher. 
D) Congress. 
A) Lyn v.Mining Co. 
B) Palsgraf v.Long Island Railroad Co. 
C) Rylands v.Fletcher. 
D) Congress.

Question 17

A reasonable person standard determines whether a person could have avoided suffering harm from another's allegedly negligent act.

Accepted Answer

A) True 
 B)False

Question 18

The basis for applying strict liability is an intentional wrongful act.

Accepted Answer

A) True 
 B)False

Question 19

A business that invites persons to come onto its premises is charged with a duty to exercise reasonable care to protect those invitees.

Accepted Answer

A) True 
 B)False

Question 20

Super Tool Company makes tools for consumers and construction professionals.While using a Super tool to replace an electrical outlet,Tom neglects to shut off the power and is electrocuted.Against a suit filed by Tom's heirs,Super's best defense is

Accepted Answer

A) assumption of risk. 
B) contributory negligence. 
C) negligence per se. 
D) superseding cause. 
A) assumption of risk. 
B) contributory negligence. 
C) negligence per se. 
D) superseding cause.

Exam 7: A: Negligence and Strict Liability

In a comparative negligence state,if a plaintiff is found to be 30 percent negligent,the award against the defendant will be reduced by 70 percent.

Breakfast Foods Corporation markets waffle irons,one of which proves defective and injures Chelsea.Breakfast Foods's strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that

Pam files a successful suit against Quality Market based on Quality's neg?ligence.Normally,an award in such a suit consists of

Some risks are obvious but,with respect to the duty of care required to establish negligence,a warning is always necessary.

Nico is a passenger in a car driven by Owen,whose negligence causes an accident,injuring himself.Nico,uninjured,accompanies Owen to Parkside Hospital in an ambulance.The ambulance is hit by a car driven by Quin,injuring Nico.Nico files a suit against Owen,whose best defense is

George has a badly infected right foot.Herb,George's physician,prescribes amputation.George agrees.During the operation,Herb amputates the left foot.In George's suit against Herb,George's best theory for recovery is

Lana hires Mike,an architect,to design a warehouse.Lana is dissatis?fied with the look of the new building and sues Mike,alleging negligence.Mike can successfully defend against the suit by proving that

Marie,a driver for Northern States Transport Company,causes a five-car acci?dent on an interstate highway.Marie and Northern States are liable to

The law establishes limits to liability for negligence through the concept of proximate cause.

Jean is playing a computer game on a bad disk that melts in her drive,starting a fire that injures her hands.Jean files a suit against K-Tech,Inc. ,the game's manufacturer.K-Tech is held liable under the doctrine of strict liability.A significant appli?cation of this doctrine is in the area of

Taylor slips and falls in Urban Mall and is injured.She files a suit against the mall for $500,000.Under a "pure" comparative negligence rule,Taylor could recover damages

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident,and Elin is injured.Liability may be imposed on Dirk for Elin's injury if Dirk's driving is

The extreme risk of an activity is a defense against imposing strict liability.

Molly shoots Norm with Opal's pistol.The proximate cause of Norm be?ing shot is most likely attributable to

Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company's reservoir.The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in

A reasonable person standard determines whether a person could have avoided suffering harm from another's allegedly negligent act.

The basis for applying strict liability is an intentional wrongful act.

A business that invites persons to come onto its premises is charged with a duty to exercise reasonable care to protect those invitees.

Super Tool Company makes tools for consumers and construction professionals.While using a Super tool to replace an electrical outlet,Tom neglects to shut off the power and is electrocuted.Against a suit filed by Tom's heirs,Super's best defense is

A: Introduction to Law and Legal Reasoning

B: Introduction to Law and Legal Reasoning

C: Introduction to Law and Legal Reasoning

D: Introduction to Law and Legal Reasoning

A: Courts and Alternative Dispute Resolution

B: Courts and Alternative Dispute Resolution

A: Court Procedures

B: Court Procedures

A: Constitutional Authority to Regulate Business

B: Constitutional Authority to Regulate Business

A: Ethics and Business Decision Making

B: Ethics and Business Decision Making

A: Intentional Torts and Privacy

B: Intentional Torts and Privacy

B: Negligence and Strict Liability

C: Negligence and Strict Liability

D: Negligence and Strict Liability

A: Intellectual Property and Internet Law

B: Intellectual Property and Internet Law

A: Criminal Law and Cyber Crimes

B: Criminal Law and Cyber Crime

A: Nature and Terminology

B: Nature and Terminology

C: Nature and Terminology

D: Nature and Terminology

A: Agreement in Traditional and E-Contracts

B: Agreement in Traditional and E-Contracts

A: Consideration

B: Consideration

A: Capacity and Legality

B: Capacity and Legality

A: Mistakes,fraud,and Voluntary Consent

B: Mistakes,fraud,and Voluntary Consent

A: The Statute of Frauds

B: The Statute of Frauds

A: Third Party Rights

B: Third Party Rights

A: Performance and Discharge

B: Performance and Discharge

A: Breach of Contract and Remedies

B: Breach of Contract and Remedies

A: The Formation of Sales and Lease Contracts

B: The Formation of Sales and Lease Contracts

C: The Formation of Sales and Lease Contracts

D: The Formation of Sales and Lease Contracts

A: Title,risk,and Insurable Interest

B: Title,risk,and Insurable Interest

A: Performance Breach of Sales Lease Contracts

B: Performance Breach of Sales Lease Contracts

A: Warranties and Product Liability

B: Warranties and Product Liability

A: International Law in a Global Economy

B: International Law in a Global Economy

A: The Function Creation of Negotiable Instruments

B: The Function Creation of Negotiable Instruments

C: The Function Creation of Negotiable Instruments

D: The Function Creation of Negotiable Instruments

A: Transferability and Holder in Due Course

B: Transferability and Holder in Due Course

A: Liability,defenses,and Discharge