Exam 8: Negligence and Strict Liability

In the Moore v.Kitsmiller case, the Texas Court of Appeals held that:

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 cornmeal for the chickens.The chickens died and the neighbor sues.What is the likely result?

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

The owner of land is liable to adult trespassers for failure to maintain the land in a reasonably safe condition.

In some instances, people may be held liable for injuries they have caused even though they have not acted intentionally or negligently.

In most of the states, a sixteen-year-old who drives a car will be held to the same standard of care as an adult for purposes of determining negligence.

The duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

Stan doesn't like having neighborhood teenagers walk across his yard at night.He rigs an animal trap on the path the teenagers usually use to cross his land.One night, Tim and his friends are walking across the yard when Tim gets caught in the trap.He is taken to the hospital for his injuries.In this case:

Which of the following is not a special relationship giving rise to a duty to act to aid or protect one in peril?

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

MATCHING Part II Matching Match each statement with the correct term below.a.Branch of public law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which, if violated, constitute a wrong against the entire community.g.Theory that society's rewards should be distributed based on market outcomes.h.A body of law based upon principles distinct from common law and providing remedies not available at law.i.A court order requiring a party to do or to refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Part of substantive law governing relationships among individuals and legal entities.l.Rules for enforcing rights.m.The law dealing with the relationship between government and individuals.n.Party bringing a civil action.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.s.Basic law that creates rights and duties.t.Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. -ethical relativism

Joe intentionally pushed Bill into a fence negligently erected by Sam around Sam's swimming pool.The fence caved in and Bill nearly drowned.Who is liable?

There is an established rule in the law of torts that even one who has not created a peril has a duty to take affirmative action to assist an imperiled person, no matter what the relationship with that person, when the imperiled person can be saved from harm at little or no personal risk to the rescuer.

A possessor of land must warn licensees of dangerous conditions of which the possessor has knowledge and the licensees do not and are not likely to discover.

Match each statement with the correct term below.a.Mental fault; the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime, including the wrongful, physical act.d.Unauthorized use of a person's name or likeness for his own benefit.e.Liability for nonintentional and nonnegligent conduct.f.The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.g.The provision in the Constitution stating that within its sphere, federal law in conformity with the Constitution is supreme, and in cases of conflict, state law must yield.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest.j.The crime of fraudulently taking the property of another by one who was in lawful possession of the property.k.The crime of entering a building with intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong, such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Immunity from tort liability.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Intentional exercise of dominion or control over another's personal property.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a plea.y.Rule that permits the jury to infer both negligent conduct and causation. -actus reus

MATCHING Part II Matching Match each statement with the correct term below.a.Branch of public law created by agencies in the form of rules, regulations, orders, and decisions to carry out regulatory powers and duties.b.Part of private law dealing with rights and duties of individuals among themselves.c.A system of law based upon Roman law which depends upon comprehensive legislative enactments and the inquisitorial system of determining disputes.d.A system of law first developed in England that relies on the judiciary as a source of law and on the adversary system for settling disputes.e.Theory that actions must be judged by their motives and means as well as their results.f.The law establishing duties which, if violated, constitute a wrong against the entire community.g.Theory that society's rewards should be distributed based on market outcomes.h.A body of law based upon principles distinct from common law and providing remedies not available at law.i.A court order requiring a party to do or to refrain from doing a specified act.j.A general legal principle formulated by equity courts.k.Part of substantive law governing relationships among individuals and legal entities.l.Rules for enforcing rights.m.The law dealing with the relationship between government and individuals.n.Party bringing a civil action.o.An equitable remedy invalidating a contract by setting it aside.p.Theory that moral actions are those that produce the greatest net pleasure compared with net pain.q.A court order directing a party to perform a contractual duty.r.The principle found in common law systems that requires courts to apply rules decided in prior cases in deciding substantially similar cases.s.Basic law that creates rights and duties.t.Theory that actions must be judged by what individuals subjectively feel is right or wrong for themselves. -specific performance

Match each statement with the correct term below.a.Mental fault; the mental element of a crime.b.A person who enters or remains on the land of another without permission or privilege to do so.c.The nonmental elements of a crime, including the wrongful, physical act.d.Unauthorized use of a person's name or likeness for his own benefit.e.Liability for nonintentional and nonnegligent conduct.f.The duty of care required to avoid being negligent; fictitious individual who is always careful, diligent, and prudent.g.The provision in the Constitution stating that within its sphere, federal law in conformity with the Constitution is supreme, and in cases of conflict, state law must yield.h.A defense to a crime that arises when a law enforcement official induces a person to commit a crime when that person would not have done so otherwise.i.Publication of false statements resulting in harm to another's business or monetary interest.j.The crime of fraudulently taking the property of another by one who was in lawful possession of the property.k.The crime of entering a building with intent to commit a felony.l.Injury to a person's reputation by the publication of false statements.m.A person privileged to enter or remain on land by virtue of the consent of the lawful possessor.n.A serious crime punishable by death or imprisonment in a penitentiary.o.An intervening event that occurs after the defendant's negligent conduct and relieves him of liability.p.The nontrespassory invasion of another's interest in the private use and enjoyment of his land.q.A crime that is wrong in itself or morally wrong, such as murder.r.The intentional infliction of harmful or offensive bodily contact.s.Immunity from tort liability.t.Conduct which falls below the standard established by law for the protection of others against unreasonable risk of harm.u.A plaintiff's express or implied consent to encounter a known danger.v.Intentional exercise of dominion or control over another's personal property.w.A federal statute intended to stop organized crime from infiltrating legitimate businesses.x.A hearing at which the accused is informed of the crime against him and he enters a plea.y.Rule that permits the jury to infer both negligent conduct and causation. -superseding cause

The Love v.Hardee's Food Systems, Inc.case dealt with the responsibility of the owner or possessor of property to an invitee to warn of, remove, or barricade a dangerous condition of the premises.

There are no defenses available for strict liability; it is imposed absolutely.

Which of the following must the plaintiff prove in an action for negligence?