Exam 7: Negligence and Strict Liability

The law of negligence holds our behavior up to an objective standard of conduct: We must conduct ourselves like a "reasonable person of ordinary prudence in similar circumstances."

To recover in a negligence suit,a plaintiff must prove that the:

Which of the following is true about the doctrine of res ipsa loquitur?

In an act of recklessness,Ryan bets his friends that he can drive down a crowded street blindfolded,and he ends up striking Cameron.Under which of the following circumstances would Cameron be barred from any recovery from Ryan?

If the actions cause injury of the kind the statute was designed to protect against,and if the person who is injured is within the group of people the statute was designed to protect,then the defendant is presumed negligent.

An intervening force,which happens after the defendant's negligent act and contributes to the plaintiff's injury,can excuse the defendant from liability if it:

The idea of placing a legal limit on the extent of a negligent person's liability is called proximate cause.

While fishing in a lake,George anchored his new motorboat and went ashore to make an important phone call.He accidently left the key in the boat and Jeb stole the boat.While driving the boat recklessly,Jeb hit Angela,who was water skiing and severely injured her.Should George be responsible for Angela's injuries?

Most states have adopted a comparative negligence system because it distributes the cost of the accident according to the degree of both plaintiff's and defendant's fault.

Martin works as a pizza delivery person.He parks his bike outside Regalia Inc.to deliver an order.Meanwhile,a damaged book rack in Regalia,which is situated on the first floor of the building,falls down through an open window and crashes on his bike.However,no one admits to having seen the rack fall.Can Martin recover against Regalia for negligence?

If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts into his car and is hit,Jamal is liable for Eddie's injuries.

The doctrine of _____ holds that even though the plaintiff was negligent,he or she can still recover if it can be shown that the defendant had the final opportunity to avoid the harm.

Under a pure comparative negligence system,plaintiffs _____.

Emmy worked late nights at a convenience store.One night,Emmy discovered that the "emergency alert" security system was not working.The owner of the store told her that he would have the system repaired immediately.Nevertheless,a month went by before the system was repaired.In the meantime,the store was robbed while Emmy was working and,in the course of the robbery,the perpetrator broke Emmy's leg.Under these circumstances,if Emmy presses charges,she is most likely to recover from the store owner:

Negligence is an intentional breach of duty that may or may not result in harm to another.

To recover for negligent infliction of emotional distress as a third party,the plaintiff does not always have to establish some physical symptoms resulting from the said distress.

Contributory negligence is not a good defense to recklessness,but assumption of risk is a good defense.

In which of the following situations is a defendant guilty of recklessness?

Which of the following statements is true for assumption of risk?

If Nancy steps into the path of George's speeding car without checking to see whether any cars are coming,her _____ might prevent her from receiving damages for her injuries from George.