Exam 7: Negligence and Strict Liability

Fred Sweet teaches dancing classes for middle-aged and elderly people.Some of Fred's customers lack physical coordination,and injuries from kicks,falls,etc.are common.Fred naturally fears that injured customers will sue him for negligence.Thus,he makes each customer sign a written contract containing a clause relieving Fred of all liability for injuries suffered during his dancing classes.However,fearful that he will lose business if potential customers become aware of his strategy,Fred states the clause in fine print and does not point it out to them.An injured customer sues Fred for negligence.Fred wants to defend on the basis of the clause in the contract.Which of the following is the biggest weakness in Fred's position?

Which of the following is not subject to strict liability?

Under many "mixed" comparative negligence systems,a plaintiff recovers nothing where the plaintiff's own negligence was 50 percent or more responsible for the plaintiff's injury.

Patrick sues Derek for negligence.During the trial,it is determined that Patrick's negligence was 40 percent responsible for his injury,and Derek's negligence was 60 percent responsible.Patrick's losses total $10,000.Under a pure comparative negligence system,Patrick will recover:

In Winger v.CM Holdings,L.L.C. ,the case in the text,the court held that:

Proximate causation presupposes the existence of actual or but-for causation;you can't have the former without the latter.

Negligence cases that address duties that run from possessors of real estate (land and buildings)to those who enter that property are often called:

State X has a law requiring that all cars have a functioning muffler.The law's sole purpose is to protect all the state's citizens against noise pollution.Donna violates the law when her muffler falls off her car while she is driving on a busy freeway.Pete,a citizen of State X,suffers damage to his car when it is damaged after colliding with the muffler.Pete sues Donna under the theory of negligence per se.Will he recover? Why or why not?

In many cases,a blind person will be held to a different standard of reasonable care than a person who can see.

The doctrine of res ipsa loquitur can be translated as:

Contributory negligence is an individual's failure to take care for her/his own safety.

Troika Corp.owns an apartment complex at which break-ins and prior instances of criminal activity had occurred.However,no security-related measures have been adopted.As a result,a criminal intruder easily enters the complex and physically attacks a tenant.Which of the following is true?

Amtul and Hassan were involved in an automobile accident.Amtul's car,worth $10,000,was destroyed.Hassan suffered no personal injuries or property damage.The case went to court and a jury determined that Amtul was 30 percent at fault and Hassan was 70 percent at fault.Under what legal theory would Amtul be able to recover $7,000 from Hassan?

What is the term to describe a plaintiff's failure to exercise reasonable care for her own safety?

You are walking down a street and you pass by a beer brewery.A barrel rolls out of a third story window and injures you.You have no idea how this accident occurred,and you will have difficulty proving that the brewery was at fault.What legal theory will serve you best if you sue the brewery?

As explored in the case in the text,Stahlecker v.Ford Motor Co. ,a(n)________ is an unforeseeable later act,force,or event that contributes to the plaintiff's injury.

One day,Jon,an employee of the bank,carelessly left a rake next to the sidewalk when he went to lunch.Deb,a customer of the bank,stepped on the rake as she walked next to the sidewalk and was injured.Which statement is most likely correct?

Whatever the type of injury experienced by the plaintiff,the usual rule is that only punitive damages are recoverable in a negligence case.

In some states,if the plaintiff's share of the negligence exceeds 50 percent of the harm at issue,then the plaintiff will not recover.What is this theory of negligence called?

People who engage in abnormally dangerous activities: