Deck 5: Defenses to Negligence

Question 1

Under assumption of risk, the plaintiff's claim is barred even if he or she involuntarily engaged in dangerous activities.

Answer 1

False

Question 2

Assumption of risk includes all of the following elements except

A) the plaintiff's voluntary assumption of a known risk.
B) full appreciation of the dangers involved.
C) breach of duty.
D) All of these choices.

Answer 2

C

Question 3

Which of the following is the best illustration of assumption of risk?

A) Sandy drives a cement mixer. Rod is a construction worker. While unloading cement from the truck, Sandy notices that Rod is standing near a large hole behind him. She says nothing, and, as Rod steps back to avoid the flowing cement, he falls into the hole.
B) Alameda is a litigation paralegal. She drafts a will for a client and gives it to her supervising attorney, Lyle, to review. Lyle fails to review the will. The will was written improperly, and the client sues for legal malpractice.
C) Meryl works in a pastry shop. She notices that there is an electrical short in one of the machines she is using. Rather than shutting the machine off, Meryl continues to use it and is electrocuted.
D) Dean is a reference librarian. As he is researching a patron's question, a bookshelf falls on him and injures him.

Answer 3

C

Question 4

The assumption of risk defense applies even if the plaintiff was unaware of the dangers involved.

Question 5

Comparative negligence apportions liability between plaintiff and defendant and adjusts the plaintiff's recovery accordingly.

Question 6

When a plaintiff violates his or her duty of reasonable care to himself or herself, and this proximately causes the plaintiff's injury, this is called

A) assumption of risk.
B) contributory negligence.
C) last clear chance.
D) consent.

Question 7

Which of the following is the best example of contributory negligence?

A) Juan is driving a car on University Drive. Alicia is driving a car on Elm Street. At the University/Elm intersection, which is a four-way stop, both cars run stop signs and collide.
B) Summer and Brandon accidentally sever a buried gas pipeline while digging in their backyard. This causes an explosion that damages their house.
C) Doc and Sharon own sheep, which escape from their enclosure. The sheep stray onto a neighbor's property, eating the corn and bean crops. The neighbor's land was not fenced.
D) Tyrell and Jasmine operate a neighborhood grocery. Blake, one of their customers, slips and falls on a slick spot. Blake was wearing sunglasses inside the store.

Question 8

In effect, contributory negligence is a way of describing a plaintiff's negligence toward himself or herself.

Question 9

Which of the following is the best example of comparative negligence?

A) Tariq estimates construction costs for a builder. Because of his poor mathematical skills, Tariq's calculations are grossly incorrect. This results in significant lost income for Tariq's employer.
B) Jared and Ty are tag-team wrestlers. During one wrestling match, Jared puts a head-lock hold on Ty, severely injuring his neck and shoulders.
C) Brian is a hunter. While searching for elk, Brian sees a brown shape moving through the trees. Although the figure is clearly walking upright on two legs, Brian shoots and wounds Myra, a game warden.
D) Marcia is a cutter at a wholesale meat-packing company. She always uses safety glasses while cutting the meat. One day, the metal saw blade breaks, sending metal slivers flying. One sliver penetrates the glasses and strikes Marcia in the left eye.

Question 10

Last clear chance is a response to assumption of risk.

Question 11

Which of the following is true regarding negligence defenses?

A) Negligence defenses can be used by both the plaintiff and the defendant.
B) Negligence defenses can be applied to the plaintiff's claims of intentional action.
C) Once a plaintiff alleges the defendant's negligence, both parties' failure to be careful may be at issue.
D) None of these choices.

Question 12

The contributory negligence defense has replaced comparative negligence in most states' common law or statutes.

Question 13

In which of the following does the trier-of-fact apportion liability between negligent parties to adjust the recovery?

A) Contributory negligence
B) Comparative negligence
C) Assumption of risk
D) Both contributory negligence and comparative negligence

Question 14

At common law, contributory negligence absolutely bars the plaintiff's negligence claim.

Question 15

Statutes of limitations are irrelevant to negligence defenses.

Question 16

Last clear chance can best be defined as

A) consent.
B) contributory negligence.
C) comparative negligence.
D) None of these choices.

Question 17

The plaintiff and the defendant decide how to apportion comparative negligence in a lawsuit.

Question 18

The statute of limitations is one of the few areas in the practice of law for which there is no remedy if one misses the deadline.

Question 19

Which of the following is the best illustration of last clear chance?

A) Monica runs a drill press. She wears long-sleeved shirts and gets one sleeve caught on the drill bit. As a result, her arm is badly lacerated.
B) Tyra is a bank employee responsible for verifying check signatures against signature cards. She fails to verify the signature on one of Ben's checks, which had been stolen and bore his forged signature. The bank cashes the check and charges Ben's account.
C) Austin is a chemist. While mixing chemicals, he combines a rare potassium isotope with water, causing an explosion that destroys the laboratory.
D) Manny is a door-to-door salesperson. He approaches Jackson's house, which has a defective porch roof. Jackson was aware of this danger. Manny sees the roof sagging but continues onto the porch. The roof collapses, injuring Manny.

Question 20

When a plaintiff accepts a risk knowingly and voluntarily by reason of the plaintiff's knowledge, this is called

A) express assumption of risk.
B) implied assumption of risk.
C) consent.
D) contributory negligence.

Question 21

Which of the following is not an element of comparative negligence?

A) The plaintiff's negligence contributed to his or her own injuries.
B) The percentage of the plaintiff's negligence that contributed to his or her injuries is calculated.
C) The plaintiff may be prevented from recovering anything.
D) The percentage of the defendant's negligence that produced the plaintiff's injuries is calculated.

Question 22

Which of the following defenses can completely bar the plaintiff's recovery of damages?

A) Assumption of risk
B) Contributory negligence
C) Both assumption of risk and contributory negligence
D) None of these choices.

Question 23

Comparative negligence balancing, typically measured in percentages of negligence, is sometimes called

A) contributory negligence.
B) proximate cause.
C) assumption of risk.
D) culpability factoring.

Question 24

The period within which one must file a negligence lawsuit is commonly called

A) laches.
B) joinder.
C) statute of limitations.
D) statute of frauds.

Question 25

Which of the following is not an element of contributory negligence?

A) Defendant may be held liable for an incident in which the plaintiff is injured.
B) Plaintiff may be prevented from recovering anything.
C) Plaintiff breaches duty of reasonable care to self.
D) None of these choices.