Exam 7: Negligence and Strict Liability

Unforeseeable acts are held to be an intervening cause.

Pam and Deb were in a car accident.Deb went through a red light,hitting Pam from the side.Pam was driving 45 miles per hour in a 25-miles-per-hour zone.Pam sues Deb for damages based on negligence.If Pam loses the suit for speeding,which of the following is the most likely reason?

Parsons,a pedestrian watching a construction project,sees that a metal beam being lifted by a crane is about to drop on some unsuspecting workers.Thus,he rushes to the scene to warn the workers.For his efforts,the falling beam strikes him.He sues the construction company for negligence.Which of the following is true? Assume that the falling beam was caused by a breach of duty on the construction company's part.

________ is the omission to do something that a reasonable person would do,or doing something that a prudent and reasonable person would not do.

In Lord v.D & J Enterprises,Inc. ,the case in the text,the court held that:

In the case in the text,Kesner v.Superior Court,the court held that:

The effort by legislatures to cap monetary damages in civil cases is called what?

Negligence per se is defined as negligence where one party is a citizen of a foreign nation.

In a case involving an ultrahazardous or abnormally dangerous activity,the plaintiff must prove recklessness on the defendant's part.Any lower fault standard would be unfair to the defendant in such a case.

Tom and Tim both negligently start their own fires.The fires combine to burn down Jeff's house.A court would use the ________ test to determine liability.

Ann planned to hike into the woods.On the way,one of the tires on her new car failed.Her vehicle was rendered inoperable.The road was deserted.Rick,a co-hiker,was passing on the way.He abducted her and sexually assaulted her.Ann wants to sue the car company for negligence.Will she succeed?

Which of the following is not considered when determining whether a causation link exists?

In Philibert v.Kluser,the case in the text,the court determined what elements allow a bystander to recover for negligent infliction of emotional distress.The court considered three different tests to make this decision.Which of the following was not considered?

In some states that have eliminated assumption of risk as a separate and complete defense,assumption of risk reappears as one of the many kinds of fault that a court must weigh in applying the state's comparative fault defense.

Which of the following is not an example of a licensee?

Catherine decided to have lunch at Tom's,one of the most popular restaurants in town.She ordered soup before her main course.The soup served to Catherine contained a maggot floating about in it.Fortunately,she noticed this before she ate it.She sued Tom's for negligence.The most likely result will be:

Many courts have adopted a test in resolving the proximate cause question,under which a defendant who has breached a duty of care is liable:

Rebecca goes for a ride in Owen's car,even though he has told her that the car's brakes frequently fail.In case of any injuries due to this defect,Rebecca would be said to have:

Phil decided to rescue Bobo,the dancing bear,from a traveling circus that was closing its business.Although Bobo was a well-behaved grizzly bear,Phil took great care to make sure that Bobo would not escape from his yard by reinforcing the yard's fence with steel and padlocking the gate.One day,without notice,Bobo rushed the fence,knocked the padlock off the gate,and escaped from Phil's yard.Bobo lunged at a young child in the neighborhood,injuring him.Based on these facts:

What is a provision in a contract that purports to relieve the defendant of a duty of care he would otherwise owe to the plaintiff called?