Exam 8: Negligence and Strict Liability

In determining whether a defendant's conduct is reasonable in an emergency not created by the defendant, the standard is that of a reasonable person under the circumstances.

Mr.and Mrs.Weaver have a duty to:

William, 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 William wants to sue the bottling company for his injuries:

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

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

Seventeen-year-old Todd has just received his driver's license.He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign.

Where two factors, each of which is sufficient to bring about the harm in question, together cause a harm, the "but for" rule of causation is not useful.

Which of the following statements is true?

Special relations between the parties, such as babysitter and child, may impose a duty of reasonable care to aid or protect the child in situations where the duty would not otherwise exist.

Because of the harshness of the all-or-nothing contributory negligence rule, nearly all states have now substituted the last clear chance doctrine for contributory 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.

A reasonable person, as used in the law of torts, is a fictitious individual who is always careful, prudent, and never negligent.

The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations?

Some states have today merged the implied assumption of risk doctrine into their comparative negligence systems.

To which of the following does a property owner owe the highest duty of care?

A person who falls asleep while driving would not be liable for any resulting injury since it would be an unavoidable accident.

If a raccoon gets loose from a cage and harms someone, the owner can escape liability by showing that he took great care to keep the animal confined.

A possessor of land is under a duty to exercise reasonable care to protect invitees against dangerous conditions they are unlikely to discover.

The Third Restatement of Torts has abandoned the doctrine of implied voluntary assumption of risk in tort actions.

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