Exam 8: Negligence and Strict Liabilitypart Iii: Contracts

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.

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

Which of the following is correct with respect to the reasonable person standard?

A number of states have abolished or modified the defense of implied assumption of risk.

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

By law, all apartment buildings in the state where Morgan lives must have smoke alarms in the ceilings.Morgan suffers smoke inhalation during a fire when she could not get out quickly enough because the smoke alarm in her apartment building was not yet installed.To win a negligence action against the building owner, Morgan would have to prove:

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

Under the Third Restatement, possessors of land:

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

Arnie negligently stopped his car on the highway.Beth, who was driving along, saw Arnie's car in sufficient time to attempt to stop.However, Beth negligently put her foot on the accelerator instead of the brake and ran into Arnie's car.In this case:

A violation of a statute constitutes negligence per se regardless of whether the injured party is a member of the class protected by the statute.

The local supermarket has a large, glass front door which is well lighted and plainly visible.Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it, shattering the door and injuring himself.Under the Second Restatement, the store:

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

Abnormally dangerous activity strict liability is imposed for any activity that (1) creates a highly significant risk of harm and (2) is one of common usage.

A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit.

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 help but hit her.What is Chris's best defense to the charge of negligence?

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

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.

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

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