Deck 7: Negligence and Strict Liability

Question 1

Most states have adopted a comparative negligence system because it distributes the cost of the accident according to the degree of both plaintiff's and defendant's fault.

Answer 1

True

Question 2

Third parties are not entitled to recover for emotional distress resulting from witnessing harm caused to another person by a defendant's negligent acts.

Answer 2

False

Question 3

Which of the following is true about the breach of duty?

A)A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk.
B)Even if the defendant exercised reasonable care,he/she is liable for the plaintiff's injury.
C)Only when the defendant's actions violate statutes,it is regarded as breach of duty.
D)It requires that a plaintiff must conduct himself/herself like a "reasonable person of ordinary prudence in similar circumstances."

Answer 3

A
Explanation: A person is guilty of breach of duty if he or she exposes another person to a foreseeable,unreasonable risk of harm,something the "reasonable person" would never do.The courts ask whether the defendant did something the reasonable person would not have done or failed to do something the reasonable person would have done.

Question 4

A defendant is free of liabilities if the intervening force was foreseeable.

Question 5

People whose actions cause injuries of the kind the statute was designed to protect against are considered to be negligent per se.

Question 6

To recover for negligent infliction of emotional distress as a third party,the plaintiff does not always have to establish some physical symptoms resulting from the said distress.

Question 7

The concept of negligence is based on the idea that every member of society has a duty to conduct his or her affairs in a way that avoids injury to others.

Question 8

The law of negligence prosecutes a defendant even if his or her's breach of duty wasn't the actual cause of the plaintiff's injuries.

Question 9

People who do not conform to a statute are sometimes considered to be negligent per se.This means that:

A)the law is the law,and breaking it is always wrong.
B)ignorance of a statutory law is never an excuse.
C)not knowing about a statutory requirement is not as bad as intending to do something wrong.
D)statutes can create the legal duty requisite to establish negligence.

Question 10

_____ is an unintentional breach of duty by the defendant that results in harm to another.

A)Negligence
B)Liability
C)Injury
D)Malpractice

Question 11

The doctrine of res ipsa loquitur places the burden on the plaintiff to show that his injury was caused by the defendant's negligence.

Question 12

A close relative is not regarded as third party for recovery against emotional distress.

Question 13

Negligent wrongdoers are not necessarily liable for all direct harm resulting from their negligence.

Question 14

Jose,a migrant worker who lived in a mobile home with six other workers,died in a fire in the home.The smoke alarm did not go off,and he was trapped in the bedroom.The state had a law that required dwellings to be equipped with smoke detectors and that they be maintained.Jose's widow can sue the owner of the mobile home under ___.

A)recklessness
B)negligence per se
C)breach of duty
D)strict liability

Question 15

Plaintiffs who assume the risk of injury created by another's negligence are barred from recovery.

Question 16

Under the doctrine of strict liability,care and caution may mitigate liability.

Question 17

A negligent person is not liable for the proximate results of his/her negligence.

Question 18

If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts out in front of his car and is hit,Jamal is liable for Eddie's injuries.

Question 19

To recover in a negligence suit,a plaintiff must prove that the:

A)defendant had intent to injure the plaintiff and did so by a breach of duty.
B)defendant's breach of duty was the proximate cause of the plaintiff's injuries.
C)defendant's breach of duty indirectly caused the plaintiff's injuries.
D)defendant's actions did not violate any statutes.

Question 20

Negligence is an intentional breach of duty that may or may not result in harm to another.

Question 21

Under a pure comparative negligence system:

A)plaintiffs who failed to exercise reasonable care are not able to recover.
B)plaintiffs are able to recover the portion of their losses not attributable to their fault.
C)plaintiffs are barred from recovery if they are as much or more at fault for their injuries as the defendant.
D)plaintiffs are able to recover for the full extent of losses from the defendant even if they were well aware of the risks involved.

Question 22

Which of the following is a general negligence causation rule?

A)The defendant is liable for the full extent of the injuries of a person even if some physical peculiarity of that person aggravated his/her injuries.
B)The defendant is liable for those who do not make reasonable attempts to avoid being injured by his/her acts.
C)The defendant is not liable for those who are injured while making a reasonable attempt to rescue someone endangered by his/her act.
D)The defendant is generally not held liable for diseases the victims contract while weakened by their injuries.

Question 23

Under a comparative negligence system,if Chez is responsible for 40% of his injuries:

A)he could recover 60% of his damages.
B)he could recover 40% of his damages.
C)he could recover 100% of his damages.
D)he could recover nothing as he exceeds the comparative negligence 30% threshold.

Question 24

The doctrine of _____ holds that even though the plaintiff was negligent,he/she can still recover if it can be shown that the defendant had the last opportunity to avoid the harm.

A)last clear chance
B)negligence per se
C)comparative negligence
D)strict liability

Question 25

Which of the following is true about the doctrine of res ipsa loquitur?

A)It is one of the basic principles of the causation of negligence.
B)It puts the burden on the plaintiff to show that the injury was not caused by his or her negligence.
C)It is applicable to cases where the defendant has exclusive control of the thing that caused the injury,and is reluctant to disclose facts that prove liability.
D)It offers protection to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person's act.

Question 26

Negligent persons are generally held jointly liable (along with the negligent physician)for negligent medical care their victims receive for their injuries.This is true according to:

A)the general causation rules
B)res ipsa loquitur
C)negligence per se
D)comparative negligence

Question 27

In addition to demonstrating actual emotional distress,if a third party wants to recover for negligent infliction of emotional distress,the plaintiff must show that:

A)the emotional distress caused to the witness did not result in physical symptoms or injuries.
B)the third party is at least distantly related to the victim.
C)the third party actually witnessed the injury when it occurred.
D)the emotional distress caused to the witness is so serious that he/she may not recover from it.

Question 28

A van from Mario's Squibb Company is damaged by a heavy metal keg,which rolls out of the second floor window of the two storied Toss-Co.Flower building.Toss-Co.Flower is the sole occupant of the building.Although the van was parked under the window while making a delivery at the Toss Co.receiving dock,no one admits to having seen the keg fall,nor are there any witnesses who can state where the keg was just before the accident.Can Mario recover against Toss-Co.for negligence?

A)Mario can recover,but only if it proves in detail how Toss-Co.breached its duty of reasonable care to Mario.
B)Mario can recover if it can prove that kegs do not fall out of windows in the absence of negligence and that Toss-Co.had exclusive control of the keg prior to the accident.
C)Mario will be unable to recover because parking under an open second floor window amounted to contributory negligence.
D)Mario will be unable to recover because parking under an open second floor window amounted to assumption of risk.

Question 29

If Nancy steps into the path of George's speeding car without checking to see whether any cars are coming,her ____ would prevent her from receiving damages for her injuries from George.

A)comparative negligence
B)breach of duty
C)assumption of risk
D)contributory negligence

Question 30

Violetta was injured in a bike accident while on a ride with Alfredo,who she knew was intoxicated.A court would regard this as:

A)ultrahazardous.
B)the assumption of the risk.
C)intentional wrongdoing.
D)comparative negligence.

Question 31

Tosca took his friend Scarpia to the amusement park for a roller coaster ride.Due to the intensity of the ride,Scarpia,who had an especially weak heart,died of a heart attack there.This would be considered an act of negligence in accordance with the concept of:

A)proximate cause.
B)negligence per se.
C)breach of duty.
D)principles of causation.

Question 32

Which of the following statements is true for assumption of risk?

A)It is not a defense in cases based on strict liability.
B)It is not a defense in cases based on reckless behavior.
C)It must be the product of an explicit agreement between the plaintiff and the defendant.
D)It bars recovery as the plaintiff fully understands the nature and extent of the risk involved.

Question 33

Rachel saw her sister Rebecca being hit by a car.She rushed to help her and later accompanied her to the hospital.Unfortunately her sister died several hours later.Rachel,who received psychiatric treatment as a result of the traumatic experience,sued for emotional distress.Which of the following is true for Rachel?

A)She is not entitled to recovery because she wasn't in the "zone of danger" created by the negligent act.
B)The courts will allow recovery because she made an attempt to stop the car which had hit her sister.
C)The courts will not allow recovery because she suffered only emotional trauma with no visible signs of physical injury.
D)She will be awarded recovery because she bore witness to the accident during which her own sister was killed.

Question 34

Penny had negligently left marbles on the steps of her house.When Bijou came to visit,she broke her leg by slipping on those marbles and severely damaged her spine.While in the hospital recovering from her fall,her body being weak from all the antibiotics,she readily contracted a viral infection.Under these circumstances,Penny is liable:

A)only for Bijou's viral infection.
B)only for the damage to Bijou resulting from her fall.
C)for injuries sustained by her and also for the viral infection.
D)for neither problem because Bijou should have been careful.

Question 35

If Harry's negligent act injures Sally,and Susan,while attempting to come to Sally's aid breaks her arm in the process then,Harry is liable for the harm to __.

A)Sally only
B)Susan only
C)both Sally and Susan
D)neither Sally nor Susan

Question 36

In an act of recklessness,Robert bets his friends that he can drive down a crowded street blindfolded,and ends up striking Tom.Under which of the following circumstances would Tom be barred any recovery from Robert?

A)If Tom had not looked before stepping into Robert's path.
B)If Tom had bet Robert's friends he could run in front of Robert without being hit.
C)If the court had declared Robert' act a foreseeable risk.
D)If Tom had the last clear chance to stay on the curb instead of stepping onto the street.

Question 37

Emmie worked late nights at a convenience store.The store had been robbed several times.One night Emmie discovered that the "emergency alert" security system was not working.The owner of the store told her that he would have the system repaired promptly.Nevertheless,a month went by before the system was repaired.In the meantime,the store was robbed while Emmie was working and,in the course of the robbery,the perpetrator broke Emmie's leg.Under these circumstances,Emmie may:

A)recover from the store owner because the harm was foreseeable.
B)recover from the robber as her injury was the proximate result of his actions.
C)recover under the doctrine of strict liability.
D)recover only a limited amount on the grounds of emotional distress.

Question 38

Which of the following statements is true for both contributory negligence and assumption of the risk?

A)They are defenses adopted to ease the harshness of the comparative negligence system.
B)They are recent defenses to recklessness but not negligence.
C)They are based on the idea that everyone has a duty to exercise reasonable care for his/her own safety.
D)They are based on the idea that the plaintiff may recover if the defendant had the last opportunity to avoid harm.

Question 39

A defendant is guilty of recklessness when:

A)his/her behavior indicates a conscious disregard for a known high degree of probable harm to another.
B)the risk of harm is lower than the degree of risk that would make an act negligent.
C)he/she commits a highly dangerous act without intent and foreseeable harm.
D)he/she involuntarily exposes himself to an unknown danger created by another's negligence.

Question 40

An intervening force,which happens after the defendant's negligent act and contributes to the plaintiff's injury,can excuse the defendant from liability if:

A)it was unreasonable.
B)it was proximate.
C)it was unforeseeable.
D)it was highly extraordinary.

Question 41

What is meant by proximate cause?

Question 42

One night,when Henry got home and flipped on the light switch,the kitchen exploded leaving him severely injured.The explosion was caused by the failure of the gas connector to the range,which allowed a large amount of gas to escape,and a small spark created by turning on the light caused it to explode.Henry sued the gas corporation,arguing that it knew the connector was defective but it did not warn its customers.He won the lawsuit on the grounds of:

A)negligence per se.
B)recklessness.
C)strict liability.
D)breach of duty.

Question 43

Ultrahazardous activities:

A)are defined by federal statutes.
B)are subject to strict liability.
C)only create liability where the defendant fails to act as a reasonable person.
D)only create liability when the defendant fails to exercise utmost care.

Question 44

What is the main difference between recklessness and negligence?

Question 45

____ is a good defense to recklessness.

A)Assumption of the risk
B)Unreasonable danger
C)Contributory negligence
D)Comparative negligence

Question 46

Strict liability:

A)does not apply to someone who exercises reasonable care.
B)is described as liability without fault.
C)is a part of contributory negligence.
D)does not relate to intentional torts or negligence.

Question 47

What are the main factors necessary for third parties to claim recovery for negligent infliction of emotional distress?

Question 48

Which of the following statements is true about recklessness?

A)It is less morally objectionable than negligence,but more than intentional wrongdoing.
B)It is best defended with a plea of contributory negligence.
C)It is more morally objectionable than negligence but less than intentional wrongdoing.
D)It is identical to intentional wrongdoing.

Question 49

Briefly describe the main defenses to negligence.

Question 50

While fishing in the lake,George anchored his new motorboat and went ashore to make an important phone call.He accidently left the key in the boat and Jeb stole the boat.While driving the boat recklessly,Jeb hit Angela,who was water skiing and severely injured her.Should George be responsible for Angela's injuries?