Exam 7: Negligence And Strict Liability

Wayne worked in an office.He had no criminal record,had never had a complaint made against him about his work or his conduct,and had been a faithful employee for nearly 20 years.One day,Wayne followed his supervisor to his home and fatally shot him.The estate of the supervisor sued the company,claiming it should have been aware of Wayne's growing frustration with work.The company's best defense will be that:

Courts have ruled that negligently retaining a violent employee is a tort.

Negligence concerns harm that:

The test of "foreseeability" is generally used to determine the existence of which element of a negligence case?

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably.Which of the following is most likely to help the plaintiff?

Mavrex,Inc.received an application from Larry and,since his written qualifications seemed to meet a pressing current need,they hired him without checking his references or prior records.Actually,Larry had been in prison for murder several years earlier.Tom,a long-time Mavrex employee,angered Larry when Tom tried to tell Larry how to do his job.Larry attacked and injured Tom.If Tom sues Mavrex,what would his cause of action be,and what elements would Tom need to prove to win his case?

Bob,a weak swimmer,ignored warning signs in a recreational swimming area and went into deep water.He soon grew tired and realized that he could not make it back to shore.Seeing Kelly,he cried out for help.Kelly,however,ignored the pleas.Bob was finally saved by Dorothy,but suffered brain damage from being submerged during the ordeal.Bob now sues Kelly for negligence for failing to try to save him.Bob will:

In Hernandez v.Arizona Board of Regents,the court held that individuals who: