Deck 7: Negligence and Strict Liability

Question 1

Generally,property owners do not owe a duty of care to trespassers who regularly enter the land without authorization.

Answer 1

False
Explanation: Traditionally,property owners did not owe a duty of care to trespassers.However,in recent years,many courts impose a duty of care on property owners for trespassers who are known to regularly enter the land,especially regular ones like children.

Question 2

Special duties that run from possessors of real estate to those who enter that property are called "premises liability" cases.

Answer 2

True
Explanation: Premises liability cases are special duties that run from the possessor of the real estate to the one who enters it.

Question 3

In some states,social guests are classified as licensees.

Answer 3

True
Explanation: A licensee enters the property for her own purposes,not for a purpose connected with the possessor's business.In some states,social guests are considered licensees,though today they are more commonly classified as invitees.

Question 4

Negligent defendants are never liable for the consequences of an unforeseeable intervening cause.

Question 5

Negligence is conduct by an individual that falls below the reasonably necessary levels to protect others from the risk of harm.

Question 6

Negligence per se is defined as negligence where one party is a citizen of a foreign nation.

Question 7

Whatever the type of injury experienced by the plaintiff,the usual rule is that only punitive damages are recoverable in a negligence case.

Question 8

Contributory negligence is an individual's failure to take care for her/his own safety.

Question 9

The doctrine of res ipsa loquitur means "the thing speaks for others."

Question 10

The tort of negligent hiring is distinct from tort liability predicated upon the doctrine of respondeat superior.

Question 11

Under many "mixed" comparative negligence systems,a plaintiff recovers nothing where the plaintiff's own negligence was 50 percent or more responsible for the plaintiff's injury.

Question 12

Unforeseeable acts are held to be an intervening cause.

Question 13

Proximate causation presupposes the existence of actual or but-for causation;you can't have the former without the latter.

Question 14

In a strict liability case,the plaintiff must prove that the defendant breached a duty.

Question 15

In a case involving an ultrahazardous or abnormally dangerous activity,the plaintiff must prove recklessness on the defendant's part.Any lower fault standard would be unfair to the defendant in such a case.

Question 16

Many courts no longer distinguish between licensees and invitees.

Question 17

If an individual can foresee that his/her actions will cause a risk of harm to another,then the individual has a duty to protect that other person from harm.

Question 18

In some states that have eliminated assumption of risk as a separate and complete defense,assumption of risk reappears as one of the many kinds of fault that a court must weigh in applying the state's comparative fault defense.

Question 19

Under the legal theory of negligence,each person must act as a reasonable person of ordinary prudence.

Question 20

In many cases,a blind person will be held to a different standard of reasonable care than a person who can see.

Question 21

Which of the following personal traits or conditions will not change the normal reasonable person standard to which defendants are subject?

A)Blindness
B)Deafness
C)Voluntary intoxication
D)Infancy

Question 22

Today,trespassers who are injured while on someone else's land:

A)never recover against the landowner in a negligence action.
B)recover against the landowner in a negligence action only when permitted by statute.
C)recover only when the possessor knows they are likely to trespass.
D)recover only when the owner willfully and wantonly injures them after their presence is known.

Question 23

Someone confronted with an emergency requiring rapid decisions and action need not employ the same level of caution and deliberation as someone in circumstances allowing for calm reflection and deliberate action.This exception reflects the consideration of ________ in a negligence case.

A)personal characteristics
B)context
C)special duties
D)deliberateness

Question 24

Negligence "per se" is a legal rule that establishes a defendant's negligence when:

A)a statute intended to protect persons like the plaintiff has been violated.
B)the defendant intended to harm the plaintiff.
C)the plaintiff intended to harm the defendant.
D)both the defendant and the plaintiff intended to harm each other.

Question 25

A defendant who is negligent is not liable for the unlikely or unforeseeable harm that results.This concept is called:

A)proximate cause.
B)distal cause.
C)just cause.
D)the "but for" rule.

Question 26

Which of the following parties enter a property with the possessor's consent,but for his/her own purpose?

A)Licensee
B)Trespasser
C)Invitee
D)Attendee

Question 27

Which of the following parties enters the land without its possessor's consent and without any other privilege?

A)Invitees
B)Trespassers
C)Guests
D)Licensees

Question 28

Which of the following refers to a bodily injury that can be recovered in a negligence action?

A)Personal Injury
B)Contract Injury
C)Future damages
D)Consequential damages

Question 29

Parsons,a pedestrian watching a construction project,sees that a metal beam being lifted by a crane is about to drop on some unsuspecting workers.Thus,he rushes to the scene to warn the workers.For his efforts,the falling beam strikes him.He sues the construction company for negligence.Which of the following is true? Assume that the falling beam was caused by a breach of duty on the construction company's part.

A)Parsons will recover against the construction company.
B)Parsons will recover,because construction companies are strictly liable for their employees' acts.
C)Parsons will not recover,because he knowingly and voluntarily assumed the risk of being struck by the beam.
D)Parsons will not recover,because he should have instead sued the worker operating the crane.

Question 30

Catherine decided to have lunch at Tom's,one of the most popular restaurants in town.She ordered soup before her main course.The soup served to Catherine contained a maggot floating about in it.Fortunately,she noticed this before she ate it.She sued Tom's for negligence.The most likely result will be:

A)Catherine will not win since she did not sustain any damages.
B)Catherine will not win as maggots in soup are foreseeable.
C)Catherine will win if she proves emotional distress.
D)Catherine will win because the restaurant failed to exercise due care.

Question 31

Many courts have adopted a test in resolving the proximate cause question,under which a defendant who has breached a duty of care is liable:

A)only for the "natural and probable consequences" of his actions.
B)for all injuries sustained by the plaintiff.
C)even for injuries caused by the plaintiff's negligence.
D)for at least 50 percent of the damages.

Question 32

Which of the following is NOT an element of a negligence claim?

A)The defendant owed a duty of care to the plaintiff.
B)There were substantial monetary damages due to the actions of the defendant.
C)The defendant committed a breach of a duty he owed to the plaintiff.
D)The breach committed by the defendant was the actual and proximate cause of injury to the plaintiff.

Question 33

State X has a "Sunday Closing Law" making it a crime to operate a retail business on Sundays.The law's legislative history reveals that it was enacted to promote respect for the Sabbath by all the people of the state,and thus to promote public decency and morality.One Sunday,Judy Smith slips on a puddle of spilled soft drink at Joe's Hamburger joint (which is operating in violation of the statute),and suffers an injury to her spine.The soft drink would not have been spilled if the store had not been open on Sunday.Judy sues Joe in negligence.One part of her complaint relies on the doctrine of negligence per se.Under the doctrine of negligence per se:

A)Judy will recover because the spilled drink posed a reasonably foreseeable risk of harm,and Joe failed to eliminate that risk.
B)Judy will recover because Joe violated the Sunday Closing Law.
C)Judy will not recover because she was not within the class of persons intended to be protected by the statute.
D)Judy will not recover because she did not suffer harm of a kind that the statute was intended to protect against.

Question 34

Questions of proximate cause assume the existence of ________.

A)intervening cause
B)strict liability
C)actual cause
D)comparative fault

Question 35

Which of the following characteristics is NOT considered by the court to determine the "reasonableness of the risk"?

A)Magnitude of the foreseeable harm
B)Social utility of the defendant's conduct
C)Personal characteristics of the defendant
D)The defendant's subjective mental state

Question 36

One day,Jon,an employee of the bank,carelessly left a rake next to the sidewalk when he went to lunch.Deb,a customer of the bank,stepped on the rake as she walked next to the sidewalk and was injured.Which statement is most likely correct?

A)The bank is liable for Deb's injuries.
B)The bank is not liable for Deb's injuries,because she should have used due care.
C)Jon is liable for Deb's injuries but not the bank.
D)The bank is not liable for Deb's injuries because the rake had a latent defect.

Question 37

Homer's negligence caused an automobile accident with Bart.As a result of the collision,Bart's car collides with a telephone pole,causing the pole to fall.The falling pole then takes out some electrical power lines.The resulting power outage leaves Patty without any light in her apartment.As she fumbles in the darkness,she trips over her cat,falls,and is injured.Patty sues Homer.In order to avoid liability,Homer's best defense is that:

A)there is no actual cause between the negligence and the injury.
B)there is no proximate cause between the breach of duty and the injury.
C)Bart's car was the one that collided with the telephone pole.
D)the electrical power lines should not have fallen under the force of a car.

Question 38

Attendees of free public lectures and church services would be classified as:

A)trespassers.
B)licensees.
C)invitees.
D)business visitors.

Question 39

Jack had taken his girlfriend Jenny on a long drive.While driving on the highway,he suddenly had a severe headache and lost control of the car.They collided with a passing car.The doctor had previously warned Jack that he has a brain tumor,due to which he would experience occasional pains.Jenny sued Jack for negligence.Will she succeed?

A)Yes,because Jack could reasonably foresee severe pain,which might lead to accidents.
B)No,because Jack did not intend to cause an accident.
C)Yes,because Jack caused the accident.
D)No,because she should have sued the driver of the passing car which hit them.

Question 40

Negligence cases that address duties that run from possessors of real estate (land and buildings)to those who enter that property are often called:

A)special duty cases.
B)premises liability cases.
C)strict liability cases.
D)negligence per se cases.

Question 41

You are walking down a street and you pass by a beer brewery.A barrel rolls out of a third story window and injures you.You have no idea how this accident occurred,and you will have difficulty proving that the brewery was at fault.What legal theory will serve you best if you sue the brewery?

A)Negligence per se
B)Res ipsa loquitur
C)Strict liability
D)Battery

Question 42

Phil decided to rescue Bobo,the dancing bear,from a traveling circus that was closing its business.Although Bobo was a well-behaved grizzly bear,Phil took great care to make sure that Bobo would not escape from his yard by reinforcing the yard's fence with steel and padlocking the gate.One day,without notice,Bobo rushed the fence,knocked the padlock off the gate,and escaped from Phil's yard.Bobo lunged at a young child in the neighborhood,injuring him.Based on these facts:

A)Phil will be liable,only if he breached a duty of due care owed to the child.
B)Phil will be liable if the harm that resulted to the child was foreseeable to Phil.
C)Phil will be liable,regardless of the steps that he took to secure the yard.
D)Phil will most likely not be liable.

Question 43

Pam and Deb were in a car accident.Deb went through a red light,hitting Pam from the side.Pam was driving 45 miles per hour in a 25-miles-per-hour zone.Pam sues Deb for damages based on negligence.If Pam loses the suit for speeding,which of the following is the most likely reason?

A)The lawsuit was filed in a contributory negligence state.
B)The lawsuit was filed in a comparative negligence state.
C)Pam is uninsured.
D)Pam's accident was seen as res ipsa loquitur.

Question 44

You are standing on a street corner.A truck belonging to the Safety First Trucking Co.(SFTC)carrying radioactive nuclear waste has a tire blown out,which causes the truck to overturn near you.Radioactive waste escapes from the truck and covers half your body.As a result,you suffer serious medical harm.What legal theory of recovery that is available to you will not require you to prove that SFTC was careless in its handling practices?

A)Negligence
B)Express warranty
C)Implied warranty
D)Strict liability

Question 45

Troika Corp.owns an apartment complex at which break-ins and prior instances of criminal activity had occurred.However,no security-related measures have been adopted.As a result,a criminal intruder easily enters the complex and physically attacks a tenant.Which of the following is true?

A)Troika has no liability for breach of duty.
B)Troika is liable only for actual cause.
C)Troika is liable only for proximate cause.
D)Troika is liable for proximate and actual cause.

Question 46

Ann planned to hike into the woods.On the way,one of the tires on her new car failed.Her vehicle was rendered inoperable.The road was deserted.Rick,a co-hiker,was passing on the way.He abducted her and sexually assaulted her.Ann wants to sue the car company for negligence.Will she succeed?

A)No,because she had voluntarily assumed the risk while passing through the deserted road.
B)No,because Rick's sexual assault is an unforeseeable intervening cause.
C)Yes,because the company has breached its duty.
D)Yes,because the tire's failure only resulted in her injury.

Question 47

Amtul and Hassan were involved in an automobile accident.Amtul's car,worth $10,000,was destroyed.Hassan suffered no personal injuries or property damage.The case went to court and a jury determined that Amtul was 30 percent at fault and Hassan was 70 percent at fault.Under what legal theory would Amtul be able to recover $7,000 from Hassan?

A)Contributory negligence
B)Comparative negligence
C)Negligence per se
D)Res ipsa loquitur

Question 48

________ is the plaintiff's voluntary consent to a known danger.

A)Contributory negligence
B)Assumption of risk
C)Comparative negligence
D)Negligence per se

Question 49

Rebecca goes for a ride in Owen's car,even though he has told her that the car's brakes frequently fail.In case of any injuries due to this defect,Rebecca would be said to have:

A)an implied assumption of risk.
B)contributory negligence.
C)strict liability.
D)negligence per se.

Question 50

What is the term to describe a plaintiff's failure to exercise reasonable care for her own safety?

A)Premises liability
B)Strict liability
C)Contributory negligence
D)Assumption of risk

Question 51

In some states,if the plaintiff's share of the negligence exceeds 50 percent of the harm at issue,then the plaintiff will not recover.What is this theory of negligence called?

A)Mixed contributory negligence
B)Pure contributory negligence
C)Criminal negligence
D)Negligence per se

Question 52

Jill voluntarily uses Joe's lawn mower,even though Joe had told her that his mower frequently fails and can even cause accidents.In case of an accident,Joe has the defense of:

A)contributory negligence.
B)assumption of risk.
C)comparative negligence.
D)comparative fault.

Question 53

People who engage in abnormally dangerous activities:

A)are liable only if they are negligent.
B)are liable only if they intended to cause harm.
C)are liable only if they consciously disregard the risks inherent in that activity.
D)are liable even if they are not negligent.

Question 54

A legal theory that imposes liability even if the defendant acts with all reasonable care and caution is called:

A)assumption of risk.
B)strict liability.
C)superseding event.
D)contributory negligence.

Question 55

What effect does the rule of res ipsa loquitur have in a negligence case?

A)It creates a rebuttable presumption of breach of duty.
B)It creates a non-rebuttable presumption of causation.
C)It results in strict liability of the defendant.
D)It results in strict liability of the plaintiff.

Question 56

Patrick sues Derek for negligence.During the trial,it is determined that Patrick's negligence was 40 percent responsible for his injury,and Derek's negligence was 60 percent responsible.Patrick's losses total $10,000.Under a pure comparative negligence system,Patrick will recover:

A)nothing.
B)$4,000.
C)$6,000.
D)$10,000.

Question 57

The owner of a theatre negligently failed to install the requisite number of emergency exits. During a showing of Shakespeare's Macbeth,one of the intoxicated viewers got carried away and burned himself.The entire hall was ablaze.There was only one emergency exit.Thus,many people were killed in the stampede.Will the theatre owner be liable for negligence?

A)No,because the intervening cause of an intoxicated viewer burning himself absolves the theatre owner's liability.
B)No,because the viewer's reaction was completely unforeseeable by any reasonable man of ordinary prudence.
C)Yes,because the harm was foreseeable and the owner cannot escape his liability.
D)Yes,because though the harm was unforeseeable,the owner still cannot escape his breach of duty.

Question 58

Fred Sweet teaches dancing classes for middle-aged and elderly people.Some of Fred's customers lack physical coordination,and injuries from kicks,falls,etc.are common.Fred naturally fears that injured customers will sue him for negligence.Thus,he makes each customer sign a written contract containing a clause relieving Fred of all liability for injuries suffered during his dancing classes.However,fearful that he will lose business if potential customers become aware of his strategy,Fred states the clause in fine print and does not point it out to them.An injured customer sues Fred for negligence.Fred wants to defend on the basis of the clause in the contract.Which of the following is the biggest weakness in Fred's position?

A)That Fred tried to use an exculpatory clause at all,because such clauses are invalid on public policy grounds.
B)That Fred tried to use an exculpatory clause to relieve himself of negligence liability.
C)That Fred has superior bargaining power,which makes the customer's acceptance of the exculpatory clause involuntary.
D)That Fred used a fine-print exculpatory clause,which means that the customer lacked knowledge of the clause's existence.

Question 59

What is a provision in a contract that purports to relieve the defendant of a duty of care he would otherwise owe to the plaintiff called?

A)Strict liability clause
B)Exculpatory clause
C)Limited liability clause
D)Choice of law clause

Question 60

The doctrine of res ipsa loquitur can be translated as:

A)"you may have the body."
B)"to show,prove,or ascertain."
C)"by what warrant."
D)"the thing speaks for itself."

Question 61

What property conditions is a possessor of property obligated to warn licensees of?

A)Dangerous on-premises conditions that he should reasonably discover
B)Dangerous on-premises conditions that he knows about
C)Dangerous on-premises conditions,regardless of whether a licensee is likely to discover them
D)Dangerous on-premises conditions that the licensee is unlikely to discover

Question 62

________ is the omission to do something that a reasonable person would do,or doing something that a prudent and reasonable person would not do.

A)Strict liability
B)Negligence
C)Premises liability
D)Negligence per se

Question 63

In Toms v.Calvary Assembly of God,Inc. ,the case in the text,which of the following was not considered when the court determined whether noise emanating from the discharge of fireworks display constituted an abnormally dangerous activity?

A)Likelihood that the harm that results from it will be great
B)Inability to eliminate the risk by the exercise of reasonable care
C)Inappropriateness of the activity to the place where it is carried on
D)Professional expertise of those carrying out the activity

Question 64

Which of the following is false regarding the reasonable person test?

A)The reasonable person test applies even if the defendant did not owe the plaintiff a duty of reasonable care.
B)The reasonable person test is an objective test.
C)The reasonable person test compares the defendant's actions with those that a hypothetical person with ordinary prudence and sensibilities would have taken (or not taken)under the circumstances.
D)The reasonable person test is flexible and is determined on a case-by-case basis.

Question 65

Which of the following is a court least likely to label as an abnormally dangerous activity?

A)Transporting large quantities of gasoline by truck
B)Crop dusting
C)Stunt flying
D)Blasting

Question 66

Which personal characteristic ordinarily does not relieve a person from the duty to conform to the usual reasonable person standard?

A)Deafness
B)Infancy
C)Blindness
D)Mental deficiency

Question 67

Which of the following is not an example of a business visitor?

A)Attendees of a free public lecture
B)Customers
C)Delivery persons
D)Patrons

Question 68

In Philibert v.Kluser,the case in the text,the court determined what elements allow a bystander to recover for negligent infliction of emotional distress.The court considered three different tests to make this decision.Which of the following was not considered?

A)Substantial factor test
B)Impact test
C)Zone of danger test
D)The Restatement (ThirD)Approach

Question 69

Traditionally,________ has not been a defense in ultrahazardous activity cases,but ________ has been a defense.

A)comparative negligence;assumption of risk
B)assumption of risk;comparative negligence
C)assumption of risk;contributory negligence
D)contributory negligence;assumption of risk

Question 70

In the case in the text,Kesner v.Superior Court,the court held that:

A)an employer's duty to prevent take-home exposure extends only to members of a worker's household.
B)an employer's duty to prevent take-home exposure extends only to family members of a worker's household.
C)an employer's duty to prevent take-home exposure extends only to immediate family members of a worker's household.
D)an employer does not owe a duty to its workers to prevent take-home exposure.

Question 71

What must a possessor of property do in order to exercise reasonable care for the safety of his invitees?

A)He must take appropriate steps to protect them against only the dangers he is aware of on his premises.
B)He must take appropriate steps to protect them against dangerous on-premises conditions that he is aware of,or reasonably should discover,whether or not the invitee is likely to discover them on her own.
C)He must take appropriate steps to protect them against dangerous on-premises conditions that he is aware of,or reasonably should discover,and that the invitee is unlikely to discover.
D)He must take appropriate steps to protect them against only the abnormally dangerous on-premises conditions that he is aware of,and that the invitee is unlikely to discover.

Question 72

Today,a tort reformer is someone who wants to:

A)help more injured plaintiffs recover more money.
B)make tort law more clear,coherent,and rational through uniform legislation.
C)deal with the "insurance crisis" by limiting plaintiffs' ability to recover damages.
D)get rid of negligence law and replace it with strict liability.

Question 73

Which of the following is not an example of a licensee?

A)Door-to-door salespeople
B)Attendees of church services
C)Solicitors of money for charity
D)Persons taking shortcuts across the property

Question 74

In Lord v.D & J Enterprises,Inc. ,the case in the text,the court held that:

A)D & J's security measures were unreasonable in light of the risks it was aware of.
B)Lord presented sufficient evidence to withstand D & J's motion for summary judgment,and it is the jury's role to decide if D & J owed her a duty and breached that duty.
C)The armed robbery attempt during which Lord was shot would not have occurred if D & J posted a security guard at the entrance of its check cashing location.
D)Lord failed to present sufficient evidence because she should have presented the testimony of an expert.

Question 75

The most important example of strict liability principles in modern legislation is:

A)Road safety legislations
B)Environmental acts
C)Disabilities acts
D)Workers' compensation acts

Question 76

Which of the following statements about Currie v.Chevron U.S.A. ,Inc. ,the case in the text,is true?

A)The gas station attendant committed her own affirmative negligent act separate from her employment with Chevron.
B)There was a sufficient conflict in the evidence for reasonable minds to differ as to whether the circumstances of that morning would have put the gas station attendant on notice that activating the gas pump would pose an unreasonable risk of harm.
C)Muhammad's attack was unforeseeable because the Chevron station was in a low crime area and had not been the site of any criminal activity in previous years.
D)There was no evidence from which the jury could have found that Shukla was aware that Muhammad and Antoine were involved in a serious fight at the Chevron station before she activated the gas pump for Muhammad.

Question 77

A business visitor who is invited to enter the property for a purpose connected with the possessor's business is classified as a(n):

A)trespasser.
B)licensee.
C)invitee.
D)restricted licensee.

Question 78

The effort by legislatures to cap monetary damages in civil cases is called what?

A)Constitutional reform
B)Criminal reform
C)Tort reform
D)Contract reform

Question 79

In Winger v.CM Holdings,L.L.C. ,the case in the text,the court held that:

A)the negligence per se doctrine applies to local ordinance violations.
B)as a matter of public policy,the negligence per se doctrine does not extend to local ordinance violations.
C)the negligence per se doctrine only applies to statewide laws.
D)Winger could not recover under the negligence per se doctrine.

Question 80

Which of the following is not subject to strict liability?

A)Manufacturers of defective and unreasonably dangerous products
B)Construction projects
C)Keepers of naturally dangerous wild animals
D)Owners of trespassing livestock