Exam 9: Negligence, Strict Liability, and Product Liability

For the defendant to be liable in a negligence case,it must be proven that the defendant's conduct actually caused the injury.This is referred to as

A contractor used dynamite to loosen a rocky hillside.The blast from the dynamite caused a house foundation to crack.The house was located over a half-mile away from the dynamite site.The contractor was careful when using the dynamite,and no allegation of negligence is made.However,the house owner claims the contractor is liable for damage to the foundation.Is the house owner correct? Explain.

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

While hunting,Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush.Under the common law,Adele is liable for Roger's injuries.

To establish res ipsa loquitur in most states,the plaintiff must demonstrate all but which of the following?

Negligence concerns harm that

As it applies to landowners,which of the following statements regarding liability to a licensee is correct?

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

Don was driving his truck when a board fell out of the truck bed and onto the road.Alice,who was driving closely behind Don's truck,tried to avoid the board,swerved,and struck a telephone pole,causing her severe injuries.Which of the following is correct?

Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign.Annette sued Vincent.The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000.Under comparative negligence,the jury should award Annette

The doctrine of contributory negligence is followed in most states.

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?

In a strict liability case,the courts still consider if the defendant acted in a reasonable and prudent manner.

A landowner's highest duty is owed to licensees.

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat.Fortunately,he was able to remove the bone with his fingers.However,he was upset by the incident and sued the restaurant for negligence.What is the most likely result in this case?

Tort issues are firmly ingrained in law and do not change.

Palsgraf v.Long Island Railroad addressed the issue of furnishing alcohol to minors.

The duty of care that each of us must follow is to behave as a reasonable person.

A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred to as 

On Monday,Travis took his four-wheeler to Reppart's Equipment & Service for repair because the steering was not working properly.On Friday,he called Reppart's to see if his four-wheeler was ready because he wanted it for a weekend trip.Reppart's said they had done the major repairs but that the steering system still needed some work and they needed another few days to finish the repairs.Travis told them he would pick the four-wheeler up and use it for the weekend and then bring it back to have them finish their work.While riding with friends on the weekend,Travis ran into someone because the steering stuck and he couldn't swerve to avoid them.Discuss how a court would determine causation in a negligence suit against Travis.