Exam 8: Negligence and Strict Liability

Violation of a statute designed to protect underage,unlicensed drivers,as well as innocent third parties,from the consequences of juvenile car theft and "joy riding" by prohibiting car owners from leaving the keys in their cars if the cars are unattended,is likely to be characterized as:

Mason, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. If Mason wants to sue the bottling company for his injuries:

A person is not under a general duty to avoid the unintentional infliction of economic harm.

Joe intentionally pushed Bill into a fence negligently erected by Sam around Sam's swimming pool.The fence caved in and Bill nearly drowned.Under the Second Restatement,who is liable?

If a defendant acts under emergency conditions,these conditions will be taken into account in applying the reasonable person standard.

The harshness of the contributory negligence doctrine has been mitigated by all of the following except:

The duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

Think about and then discuss why,in your analysis,the reasonable standard of care differs for the following categories of individuals: children,persons with physical disabilities,persons with mental disabilities,people with superior skill or knowledge,people in emergency situations,and those who violate statutory duties.Is there any logic on which to base these differences because of societal need and expectations? Does justice demand a different result? Why would the courts make these distinctions?

A blind person will be held to the standard of care of a reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence.

If negligence of the plaintiff and negligence of the defendant proximately caused the injury and damage sustained by the plaintiff,the plaintiff can recover some damages in those states where contributory negligence is still recognized.

Negligence per se is a defense in a negligence case.

In an action for negligence,five elements must be proved: a duty of care,breach of that duty,factual cause,harm,and proximate cause.

Res ipsa loquitur makes it easier for the defendant to prevail in a negligence action.

Perry is injured on the job at the factory where he works.He files a workers' compensation claim against his employer.The liability of the employer under the workers' compensation statute is:

The lawful possessor of land is liable to adult trespassers for failure to maintain the land in a reasonably safe condition.

The standard of conduct to which a child must conform to avoid being negligent is that of a reasonably careful person of the same age,intelligence,and experience under the circumstances..

There is an established rule in the law of torts that even one who has not created a peril has a duty to take affirmative action to assist an imperiled person when there is little or no personal risk to the rescuer.

A number of states have included social guests in the invitee category,although they have traditionally been labeled as licensees.

Which of the following statements is true?

What is the difference between contributory negligence and comparative negligence? Why have so many states adopted comparative negligence?