Deck 7: A: Negligence and Strict Liability

Question 1

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

Answer 1

False

Question 2

In many states,the plaintiff's negligence is a defense that may be raised in a negligence suit.

Answer 2

True

Question 3

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

Answer 3

False

Question 4

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

Question 5

Under the theory of negligence,the duty of care requires one person to aid another who has suffered harm from someone's negligence.

Question 6

Assumption of risk can be raised as a defense in a negligence suit.

Question 7

Under the theory of negligence,the duty of care requires a careless act.

Question 8

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

Question 9

Causation in fact exists if an injury would not have occurred without the defendant's act.

Question 10

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

Question 11

Strict liability is imposed for reasons other than fault.

Question 12

If a person breaches a duty of care and another person suffers an injury,the breach must have caused the harm for liability to result.

Question 13

A person assumes any risk that is different from or greater than the risk normally carried by an activity.

Question 14

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.

Question 15

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

Question 16

Negligence per se may occur on the violation of a statute.

Question 17

Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

Question 18

If a defendant's act constitutes causation in fact with respect to a plaintiff's injury,the defendant is liable without further consideration.

Question 19

An assumption of risk defense does not require that a risk be voluntarily assumed.

Question 20

A person who keeps a domestic animal is always strictly liable for any harm that the animal inflicts.

Question 21

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

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 22

Joe sees Karo floundering in Lake Rough Waters.Joe is liable on the ground of negligence

A)if Joe attempts to rescue Karo and Karo drowns.
B)if Joe does not attempt to rescue Karo and Karo drowns.
C)if Joe does not attempt to rescue Karo whether or not Karo drowns.
D)under no circumstances.

Question 23

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

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 24

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

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 25

Pier shops in a Rowdy Ranch & Farm Store store.Enticed by a display,Pier takes an item to examine it and,when she is done,places it on the floor.Tanner,a consumer enticed by the same display,does not see the item on the floor,trips over it,falls,and suffers an injury.With respect to the danger,Rowdy had

A)a duty to advise its patrons that they assume all such risks.
B)a duty to discover and remove the hazard.
C)a duty to carry insurance to cover such risks.
D)no duty.

Question 26

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

Question 27

Kelly is injured when she slips and falls on Lee's sidewalk.To determine whether Lee owed a duty of care to Kelly,Lee is subject to the standard of

A)a realistic person.
B)a reasonable person.
C)a recognizable person.
D)a reliable person.

Question 28

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

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

Question 29

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

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

Question 30

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

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 31

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

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

Question 32

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

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 33

Leo slips and falls in Mornin' Breakfast Café and is injured.Leo files a suit against Mornin' for $50,000.If Leo is 20 percent at fault and Mornin' is 80 percent,under a contributory negligence doctrine,Leo would recover

A)$0.
B)$25,000.
C)$40,000.
D)$50,000.

Question 34

A Rhode Island state statute imposes fines on tire repair businesses whose pneumatic equipment does not include automatic shut-off switches to protect employees.Bob's Brakes & Tires,Inc. ,does not have the switches on its equipment.Carter,a Bob's employee,suffers an injury that a shut-off switch would have prevented.Carter's best theory for recovery is

A)assumption of risk.
B)a dram shop act.
C)a Good Samaritan statute.
D)negligence per se.

Question 35

Frank slips and falls on Gail's Harbor Tour Boat and is injured.Frank files a suit against Gail's for $500,000.If Frank is 20 percent at fault and Gail's is 80 percent,under the "50 percent rule" comparative neg?ligence principles,Frank would recover

A)$0.
B)$250,000.
C)$400,000.
D)$500,000.

Question 36

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.

Question 37

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

Question 38

Drake pushes Evon into the path of an oncoming car driven by Flip.Gina tries to rescue Evon,but the car hits both of them.Drake is liable for the injuries of

A)Evon and Gina.
B)Evon only.
C)Gina only.
D)neither Evon nor Gina.

Question 39

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

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

Question 40

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

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

Question 41

Dan,a driver for EZ Delivery Company,leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while he makes a delivery.The truck rolls and crashes into a nearby gas station pump,igniting a fire that spreads quickly to a construction site a block away.A burned wall col?lapses onto a crane,which falls on,and injures,a by?stander,Flo.What must Flo show to recover dam?ages from Dan?

Question 42

A water pipe bursts,flooding an Invidious Workplace Company utility room and tripping the circuit breakers on a panel in the room.Invidious contacts Jordan,a licensed electrician with five years experience,to check the damage and turn the breakers back on.Without testing for short circuits,which Jordan knows that she should do,she tries to switch on a breaker.Jordan is electrocuted and disabled,but survives to sue Invidious for damages,alleg?ing negligence.What might Invidious claim in defense?