Exam 8: Negligence and Strict Liability

Define "emergencies" as it affects tort law and explain how a defendant's negligence creating an emergency affects liability in the situation.

In which of the following situations would a landowner NOT have liability to a trespasser?

Two of the factors that are taken into consideration in determining the scope of liability for negligent conduct are foreseeability and superseding cause.

All intervening events that occur subsequent to the defendant's negligent conduct will relieve the defendant of liability.

If Nadja's 180-pound Saint Bernard dog has a tendency to jump enthusiastically on visitors,Nadja would not be liable for any damages done by the dog's playfulness.

If a statute establishing a reasonable person standard of conduct is found to be applicable to a fact situation,then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

A form of strict liability applies to all of the following situations except:

Comparative negligence has replaced the contributory negligence doctrine in most states.

Cal sprayed pesticide on his crops in a very careful manner on a windless day.Nevertheless,some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens.The chickens died,and the neighbor sues.What is the likely result?

Identify the elements required in an action for negligence.

In determining a defendant's liability for negligence,his or her superior skill or knowledge will be attributed in applying the reasonable person standard,thus increasing the chance that the defendant may be held liable.

Identify the elements of a tort and the objectives of tort law.

An action for negligence consists of five elements,each of which the plaintiff must prove.These elements include:

Hayden's dog has bitten three mailmen,but Hayden can't bear to chain him up.When the dog bites the newspaper delivery person,Hayden will be strictly liable.

Oscar,who was driving too fast,collided with a truck carrying explosives.The truck was unmarked,so Oscar had no way of knowing what it contained.The collision caused an explosion,which shattered glass in a building a block away.The glass injured Ida,who was working inside the building.John,who was walking down the street near the site of the collision,was seriously burned as a result of the explosion.In this case:

Under the Third Restatement of Torts,if the plaintiff is a veterinarian who accepts for treatment a dog from the defendant:

Jack is a trucker who makes his living moving modular homes.This is a dangerous business in that the portions of the houses once on the truck are wider than the road lanes.Also,Jack frequently has to travel much more slowly than the other vehicles on the road.One day,Jack,on his way to Atlanta with a modular home in tow,found himself approaching two trucks coming from the opposite direction with the words "High Museum Exhibits" on the truck panels.When Jack swerves to avoid a bicyclist,a museum truck runs off the road and tumbles down an embankment.No one is harmed,but the exhibit being transported is damaged.Discuss the various theories of liability that might be applied here and why they would be appropriate.

A tiger gets loose from the tent of a circus and mauls a passerby.The circus claims it has always treated the animal well and that it was not at all negligent in its handling of the animal.The circus has no liability for the injury caused by the animal.

Even though contributory negligence is proven by a defendant in a state in which it acts as a complete bar to recovery,the plaintiff may still recover if the defendant had the last clear chance to avoid the injury but did not avail himself of the chance.

While comparative negligence is generally not a defense in a strict liability case,contributory negligence generally is a successful defense.