Question 1

What are the main factors necessary for third parties to claim recovery for negligent infliction of emotional distress?

Accepted Answer

For a third party to recover for emotional distress,the courts require that the person actually witness the injury,that it be to a close relative,and that he or she suffer serious emotional distress as a result.Many courts also require that this emotional distress result in some form of physical symptoms or injury.Additionally,an increasing number of courts allow a suit when the people are engaged,or the relationship involves a marital-like relationship even though they are not married.

Question 2

Reuben and Priya meet with an accident and get injured.Priya is 25 percent at fault for her injuries,and Reuben is 75 percent at fault for his injuries.Which of the following would be true under a pure comparative negligence system?

Accepted Answer

A)  Priya could recover for 60 percent of her damages. 
B)  Priya could recover for 40 percent of her damages. 
C)  Priya could recover for 75 percent of her damages. 
D)  Priya will not be able to recover because she was also responsible for the accident. 
A)  Priya could recover for 60 percent of her damages. 
B)  Priya could recover for 40 percent of her damages. 
C)  Priya could recover for 75 percent of her damages. 
D)  Priya will not be able to recover because she was also responsible for the accident. C

Question 3

Negligent persons are generally held jointly liable (along with the negligent physician)for negligent medical care their victims receive for their injuries.This is true according to:

Accepted Answer

A)  the general causation rules. 
B)  res ipsa loquitur. 
C)  intentional tort. 
D)  proximate cause. 
A)  the general causation rules. 
B)  res ipsa loquitur. 
C)  intentional tort. 
D)  proximate cause. A

Question 4

Strict liability:

Accepted Answer

A)  does not apply to someone who exercises reasonable care. 
B)  is described as liability without fault. 
C)  is a part of contributory negligence. 
D)  cannot be applied to things that are "unreasonably dangerous." 
A)  does not apply to someone who exercises reasonable care. 
B)  is described as liability without fault. 
C)  is a part of contributory negligence. 
D)  cannot be applied to things that are "unreasonably dangerous."

Question 5

Which of the following statements is true for both contributory negligence and assumption of the risk?

Accepted Answer

A)  They are defenses adopted to ease the harshness of the comparative negligence system. 
B)  They are recent defenses to recklessness but not negligence. 
C)  They are based on the idea that everyone has a duty to exercise reasonable care for his or her own safety. 
D)  They are based on the idea that the plaintiff may recover if the defendant had the last opportunity to avoid harm. 
A)  They are defenses adopted to ease the harshness of the comparative negligence system. 
B)  They are recent defenses to recklessness but not negligence. 
C)  They are based on the idea that everyone has a duty to exercise reasonable care for his or her own safety. 
D)  They are based on the idea that the plaintiff may recover if the defendant had the last opportunity to avoid harm.

Question 6

The law of negligence prosecutes a defendant even if his or her breach of duty wasn't the actual or proximate cause of the plaintiff's injuries.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following statements is true about recklessness?

Accepted Answer

A)  Assumption of risk is not a good defense for recklessness. 
B)  It is best defended with a plea of contributory negligence. 
C)  It is more morally objectionable than negligence but less than intentional wrongdoing. 
D)  It is identical to intentional wrongdoing. 
A)  Assumption of risk is not a good defense for recklessness. 
B)  It is best defended with a plea of contributory negligence. 
C)  It is more morally objectionable than negligence but less than intentional wrongdoing. 
D)  It is identical to intentional wrongdoing.

Question 8

The doctrine of res ipsa loquitur places the burden on the plaintiff to show that his injury was caused by the defendant's negligence.

Accepted Answer

A) True 
 B)False

Question 9

Ultrahazardous activities:

Accepted Answer

A)  are defined only by international statutes. 
B)  are subject to strict liability. 
C)  only create liability where the defendant fails to act as a reasonable person. 
D)  only create liability when the defendant fails to exercise utmost care. 
A)  are defined only by international statutes. 
B)  are subject to strict liability. 
C)  only create liability where the defendant fails to act as a reasonable person. 
D)  only create liability when the defendant fails to exercise utmost care.

Question 10

Which of the following is true about the breach of duty?

Accepted Answer

A)  A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm. 
B)  The defendant is liable for the plaintiff's injury even if the defendant exercised reasonable care. 
C)  Only when the defendant's actions violate statutes, it is regarded as breach of duty. 
D)  In a ruling, a breach of duty is considered as serious as a criminal offense. 
A)  A person is guilty of breach of duty if he or she exposes another person to a foreseeable and unreasonable risk of harm. 
B)  The defendant is liable for the plaintiff's injury even if the defendant exercised reasonable care. 
C)  Only when the defendant's actions violate statutes, it is regarded as breach of duty. 
D)  In a ruling, a breach of duty is considered as serious as a criminal offense.

Question 11

A negligent person is liable only for the proximate results of his or her negligence.

Accepted Answer

A) True 
 B)False

Question 12

Third parties are not entitled to recover for emotional distress resulting from witnessing harm caused to another person by a defendant's negligent acts.

Accepted Answer

A) True 
 B)False

Question 13

Under the doctrine of strict liability,care and caution mitigate liability.

Accepted Answer

A) True 
 B)False

Question 14

Penny had carelessly left marbles on the steps of her house.When Bijou came to visit,she broke her leg by slipping on those marbles and severely damaged her spine.While in the hospital recovering from her fall,her body being weak from all the antibiotics,readily contracted a viral infection.Under these circumstances,Penny is most likely to be liable:

Accepted Answer

A)  only for the damage to Bijou resulting from her fall. 
B)  only for Bijou's viral infection. 
C)  for injuries sustained by Bijou and also for the viral infection. 
D)  for neither problems because Bijou should have been careful. 
A)  only for the damage to Bijou resulting from her fall. 
B)  only for Bijou's viral infection. 
C)  for injuries sustained by Bijou and also for the viral infection. 
D)  for neither problems because Bijou should have been careful.

Question 15

Benjamin's negligent act injures Judith.Naomi,Judith's friend,breaks her arm while attempting to come to Judith's aid.Benjamin is most likely to be liable for harm to _____.

Accepted Answer

A)  only Judith 
B)  only Naomi 
C)  both Judith and Naomi 
D)  neither Judith nor Naomi 
A)  only Judith 
B)  only Naomi 
C)  both Judith and Naomi 
D)  neither Judith nor Naomi

Question 16

People who do not conform to a statute are sometimes considered to be negligent per se.This means that:

Accepted Answer

A)  the defendant should be penalized even if the negligence did not cause the plaintiff any harm. 
B)  negligence and breaking a law should be penalized equally. 
C)  not knowing about a statutory requirement is not as bad as intending to do something wrong. 
D)  statutes can create the legal duty required to establish negligence. 
A)  the defendant should be penalized even if the negligence did not cause the plaintiff any harm. 
B)  negligence and breaking a law should be penalized equally. 
C)  not knowing about a statutory requirement is not as bad as intending to do something wrong. 
D)  statutes can create the legal duty required to establish negligence.

Question 17

Violetta was injured in a bike accident while on a ride with Alfredo,who she knew was intoxicated.A court would regard this as:

Accepted Answer

A)  contributory negligence. 
B)  assumption of the risk. 
C)  last clear chance. 
D)  comparative negligence. 
A)  contributory negligence. 
B)  assumption of the risk. 
C)  last clear chance. 
D)  comparative negligence.

Question 18

What is the main difference between recklessness and negligence?

Accepted Answer

Though both involve posing a foreseeable

Question 19

Bella is Ming's babysitter.She takes Ming to the amusement park for a roller coaster ride.Due to the intensity of the ride,Ming,who has an especially weak heart,dies of a heart attack during the ride.Which of the following concepts best fits Bella's act of negligence?

Accepted Answer

A)  Proximate cause 
B)  Negligence per se 
C)  Breach of duty 
D)  Principles of causation 
A)  Proximate cause 
B)  Negligence per se 
C)  Breach of duty 
D)  Principles of causation

Question 20

In addition to demonstrating actual emotional distress,if a third party wants to recover for negligent infliction of emotional distress,the plaintiff must primarily show that:

Accepted Answer

A)  the defendant was negligent and that the accident could have been avoided. 
B)  the third party is at least distantly related to the victim. 
C)  the third party actually witnessed the injury when it occurred. 
D)  the defendant did not try to stop the accident. 
A)  the defendant was negligent and that the accident could have been avoided. 
B)  the third party is at least distantly related to the victim. 
C)  the third party actually witnessed the injury when it occurred. 
D)  the defendant did not try to stop the accident.

Exam 7: Negligence and Strict Liability

What are the main factors necessary for third parties to claim recovery for negligent infliction of emotional distress?

Reuben and Priya meet with an accident and get injured.Priya is 25 percent at fault for her injuries,and Reuben is 75 percent at fault for his injuries.Which of the following would be true under a pure comparative negligence system?

Negligent persons are generally held jointly liable (along with the negligent physician)for negligent medical care their victims receive for their injuries.This is true according to:

Strict liability:

Which of the following statements is true for both contributory negligence and assumption of the risk?

The law of negligence prosecutes a defendant even if his or her breach of duty wasn't the actual or proximate cause of the plaintiff's injuries.

Which of the following statements is true about recklessness?

The doctrine of res ipsa loquitur places the burden on the plaintiff to show that his injury was caused by the defendant's negligence.

Ultrahazardous activities:

Which of the following is true about the breach of duty?

A negligent person is liable only for the proximate results of his or her negligence.

Third parties are not entitled to recover for emotional distress resulting from witnessing harm caused to another person by a defendant's negligent acts.

Under the doctrine of strict liability,care and caution mitigate liability.

Benjamin's negligent act injures Judith.Naomi,Judith's friend,breaks her arm while attempting to come to Judith's aid.Benjamin is most likely to be liable for harm to _____.

People who do not conform to a statute are sometimes considered to be negligent per se.This means that:

Violetta was injured in a bike accident while on a ride with Alfredo,who she knew was intoxicated.A court would regard this as:

What is the main difference between recklessness and negligence?

Bella is Ming's babysitter.She takes Ming to the amusement park for a roller coaster ride.Due to the intensity of the ride,Ming,who has an especially weak heart,dies of a heart attack during the ride.Which of the following concepts best fits Bella's act of negligence?

In addition to demonstrating actual emotional distress,if a third party wants to recover for negligent infliction of emotional distress,the plaintiff must primarily show that:

Law, Legal Reasoning, and the Legal Profession

Dispute Settlement

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Licensing and Intellectual Propertypart Two Contracts

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

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Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remediespart Three Sales

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contractspart Four Agency and Employment

The Agency Relationship-Creation, duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws-Part Five Business Organizations

Which Form of Business Organization

Partnerships

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Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

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Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance-Part Seven Commercial Paper

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers-Part Eight Credit Transactions

Introduction to Security

Security Interests in Personal Property

Bankruptcy-Part Nine Government Regulation

The Antitrust Laws

Consumer Protection Laws

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