Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

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 4

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:

Accepted Answer

A)  comparative. 
B)  strict. 
C)  contributory. 
D)  negligence per se. 
A)  comparative. 
B)  strict. 
C)  contributory. 
D)  negligence per se.

Question 5

Workers' compensation is a form of strict liability.

Accepted Answer

A) True 
 B)False

Question 6

Negligence per se is a defense in a negligence case.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following statements is true?

Accepted Answer

A)  A plaintiff must prove that the defendant's negligent conduct proximately caused harm to a legally protected interest. 
B)  A defendant has the burden of proof that his negligent conduct did not proximately cause harm. 
C)  Negligent conduct that is the proximate cause of offensive physical contact results in liability based on social policy. 
D)  All of these statements are true. 
A)  A plaintiff must prove that the defendant's negligent conduct proximately caused harm to a legally protected interest. 
B)  A defendant has the burden of proof that his negligent conduct did not proximately cause harm. 
C)  Negligent conduct that is the proximate cause of offensive physical contact results in liability based on social policy. 
D)  All of these statements are true.

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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.

Accepted Answer

A) True 
 B)False

Question 11

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?

Accepted Answer

A)  Sam, because of his negligent conduct. 
B)  Sam, because Joe's conduct would be foreseeable. 
C)  Joe, because of his intentional intervening conduct. 
D)  Sam and Joe, because they both contributed to the harm. 
A)  Sam, because of his negligent conduct. 
B)  Sam, because Joe's conduct would be foreseeable. 
C)  Joe, because of his intentional intervening conduct. 
D)  Sam and Joe, because they both contributed to the harm.

Exam 8: Negligence and Strict Liability

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

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

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:

Workers' compensation is a form of strict liability.

Negligence per se is a defense in a negligence case.

Which of the following statements is true?

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

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

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.

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?

Introduction to Law

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