Question 1

The general rule in negligence is that a person is under a duty to all others at all times to exercise reasonable care for the safety of others.

Accepted Answer

A) True 
 B)False

Question 2

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place.Mindy jumped out into the street five feet in front of his car.Chris could not avoid hitting her.What is Chris's best defense to the charge of negligence?

Accepted Answer

A)  Mindy had a mental deficiency. 
B)  Chris was not negligent since he did not have a statutory duty to keep his brakes in top condition. 
C)  Mindy illegally crossed in the middle of the street,which was a superseding cause of the accident. 
D)  Chris was lawfully seeking a parking place and did not see her jump out. 
A)  Mindy had a mental deficiency. 
B)  Chris was not negligent since he did not have a statutory duty to keep his brakes in top condition. 
C)  Mindy illegally crossed in the middle of the street,which was a superseding cause of the accident. 
D)  Chris was lawfully seeking a parking place and did not see her jump out.

Question 3

Henry was burning leaves in his backyard.One of the burning leaves was lifted by the wind into Emilio's yard next door.It landed on the lawn mower which exploded,setting fire to the wooden lawn furniture.Henry's best argument against liability would be:

Accepted Answer

A)  that the leaf was not a substantial factor in causing the damage. 
B)  res ipsa loquitur. 
C)  that it was not foreseeable that the lawn mower would explode. 
D)  that the damage was not caused by the leaf but by the gasoline. 
A)  that the leaf was not a substantial factor in causing the damage. 
B)  res ipsa loquitur. 
C)  that it was not foreseeable that the lawn mower would explode. 
D)  that the damage was not caused by the leaf but by the gasoline.

Question 4

Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which cooperates with the negligence of the defendant in bringing about the plaintiff's harm is:

Accepted Answer

A)  comparative negligence. 
B)  contributory negligence. 
C)  res ipsa loquitur. 
D)  voluntary assumption of the risk. 
A)  comparative negligence. 
B)  contributory negligence. 
C)  res ipsa loquitur. 
D)  voluntary assumption of the risk.

Question 5

In the majority of states,in a case of negligence per se the plaintiff would only have to prove violation of a statute in order to show negligent conduct.

Accepted Answer

A) True 
 B)False

Question 6

A defendant will be liable for all harm that can be traced back to the defendant's negligence.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is/are considered in determining the application of the reasonable person standard?

Accepted Answer

A)  Physical disability. 
B)  Superior skill or knowledge. 
C)  Emergency circumstances. 
D)  All of the above are considered. 
A)  Physical disability. 
B)  Superior skill or knowledge. 
C)  Emergency circumstances. 
D)  All of the above are considered.

Question 8

A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks.Once on the tracks,the patient stumbled and sprained his ankle.A few minutes later a train approached.The engineer saw the man on the track and could have stopped,but the train's brakes were defective.As a result,the train hit and killed the man.His family is suing the railroad for negligence.In this case:

Accepted Answer

A)  the patient has assumed the risk of wandering onto the railroad tracks. 
B)  because the patient was contributorily negligent,most states would hold that the railroad has no liability. 
C)  in states that follow the contributory negligence rule,the train had the last clear chance to avoid the accident,so the patient's negligence does not bar his estate's recovery. 
D)  the train's striking of the man was an intervening cause,so the railroad company was strictly liable. 
A)  the patient has assumed the risk of wandering onto the railroad tracks. 
B)  because the patient was contributorily negligent,most states would hold that the railroad has no liability. 
C)  in states that follow the contributory negligence rule,the train had the last clear chance to avoid the accident,so the patient's negligence does not bar his estate's recovery. 
D)  the train's striking of the man was an intervening cause,so the railroad company was strictly liable.

Question 9

A widely applied test for causation in fact is the "but-for" test.

Accepted Answer

A) True 
 B)False

Question 10

In which of the following situations would a court be likely to find an affirmative duty to act?

Accepted Answer

A)  Where a pedestrian witnesses an auto accident in which one of the drivers is injured. 
B)  Where an airline attendant sees one passenger threaten another passenger. 
C)  Where the driver of a car sees a two-year-old toddler wandering in the middle of a busy street. 
D)  All of these are situations where legally there is an affirmative duty to act. 
A)  Where a pedestrian witnesses an auto accident in which one of the drivers is injured. 
B)  Where an airline attendant sees one passenger threaten another passenger. 
C)  Where the driver of a car sees a two-year-old toddler wandering in the middle of a busy street. 
D)  All of these are situations where legally there is an affirmative duty to act.

Exam 8: Negligence and Strict Liability

The general rule in negligence is that a person is under a duty to all others at all times to exercise reasonable care for the safety of others.

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place.Mindy jumped out into the street five feet in front of his car.Chris could not avoid hitting her.What is Chris's best defense to the charge of negligence?

Henry was burning leaves in his backyard.One of the burning leaves was lifted by the wind into Emilio's yard next door.It landed on the lawn mower which exploded,setting fire to the wooden lawn furniture.Henry's best argument against liability would be:

Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which cooperates with the negligence of the defendant in bringing about the plaintiff's harm is:

In the majority of states,in a case of negligence per se the plaintiff would only have to prove violation of a statute in order to show negligent conduct.

A defendant will be liable for all harm that can be traced back to the defendant's negligence.

Which of the following is/are considered in determining the application of the reasonable person standard?

A widely applied test for causation in fact is the "but-for" test.

In which of the following situations would a court be likely to find an affirmative duty to act?

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