Exam 8: Negligence and Strict Liability

Sarina goes to Marlin's Department Store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Sarina trips over the clutter and is injured. Under the Second Restatement, Sarina's status with regard to the store is that of:

The rule which permits the jury to infer both negligent conduct and causation from the mere occurrence of certain events is:

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?

Under the Second Restatement, a possessor of land must warn licensees of dangerous conditions of which the possessor has knowledge and the licensees do not and which they are not likely to discover.

What is the reasonable person standard? How is it applied to each of the following types of people? a. Children b. Persons with physical disabilities c. Persons who are mentally retarded d. Professional people with advanced degrees and training, such as doctors, lawyers, and accountants e. Persons acting in emergency situations f. Persons who violate statutory duties

Tom's dog has bitten three mail carriers, but Tom can't bear to chain him up. When the dog bites the newsboy, Tom will be strictly liable.

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

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

As a general rule:

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.

Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cracked corn for the chickens. The chickens died and the neighbor sues. What is the likely result?

In applying the reasonable person standard, the court takes into account a person's physical, but not mental, handicaps.

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.

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.

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

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.

Under the Second Restatement, the duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

By law, bystanders are always required to help others in peril.

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

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