Exam 8: Negligence and Strict Liabilitypart Iii: Contracts

Ray is informed that his six-year-old child is shooting in the street with a handgun.Ray fails to take the gun away from the child.The child unintentionally shoots Bill, a pedestrian.Ray is liable to Bill.

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

Assume you are the judge in the Palsgraf case. a.Analyze the fact situation in terms of the elements that need to be proved in a negligence case. b.Why did Mrs.Palsgraf lose the case? What in the fact situation makes it difficult to establish a prima facie case of negligence?

While comparative negligence is generally not a defense in a strict liability case, contributory negligence generally is a successful defense.

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

The standard of conduct which is the basis for the law of negligence is usually determined by a cost-benefit or risk-benefit analysis.

Defenses to an action in strict liability include:

Under the Second Restatement, a licensee for purposes of tort law is a person invited upon land as a member of the public or for a business purpose.

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the lake.Which of the following is true?

Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm.

The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of:

For an action of negligence, six elements must be proved.

Which of the following is a defense that a defendant could raise in an action based on strict liability?

If an intervening cause is deemed to be a superseding cause, it does not relieve the defendant of liability for that harm.

Robin owns a dog.If there are no applicable statutes, what is her liability for damage if her dog digs up her neighbor's prize roses? Would it make any difference if the animal that destroys her neighbor's flower garden is the wild orangutan she owns?

If Janice, while driving her car, negligently runs into Paul, a pedestrian who is carefully crossing the street, Janice is liable for:

Which of the following would not be considered an abnormally dangerous activity, subjecting the person who carries it out to strict liability?

Robert, a salesperson for Brightway Home Products, made a sales call at the Todds' house.The Todds have no duty of care toward Robert regarding the condition of their property since Robert was not an invitee or a licensee.

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

The duty of employers includes the duty to exercise reasonable care in hiring, training, supervising, and retaining employees.This duty is independent of the vicarious liability of an employer for an employee's tortious conduct during the course of employment.