Exam 8: Negligence and Strict Liability

Seventeen-year-old Brice has just received his driver's license.He is driving a little too fast one day and slams into the back of another car,which has just stopped for a stop sign.In most states:

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the lake.Which of the following is true?

The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations?

Robert,a salesperson for Brightway Home Products,made a sales call at the Todds' house.The Todds have no duty of care toward Robert regarding the condition of their property since Robert was not an invitee or a licensee.

In responding to the previous question (Question 5),think about and then discuss why in your analysis the reasonable standard of care differs for the above listed categories of individuals.Is there any logic on which to base these differences because of societal need and expectations? Does justice demand a different result? Why would the courts make these distinctions?

In determining the duty of care owed by a defendant using the reasonable person standard,the court will consider which of the following factors?

Match each statement with the correct term below. -appropriation

Match each statement with the correct term below. -summary judgment

Henry was burning leaves in his backyard.One of the burning leaves was lifted by the wind into Bob's yard next door.It landed on the lawnmower which exploded,setting fire to the wooden lawn furniture.Henry's best argument against liability to Bob would be:

The reasonable person standard is:

Match each statement with the correct term below. -substantive law

Match each statement with the correct term below. -in personam jurisdiction

A number of states have abolished or modified the defense of implied assumption of risk.

Match each statement with the correct term below. -strict scrutiny

All intervening events that occur subsequent to the defendant's negligent conduct will relieve the defendant of liability.

Under the Second Restatement,a possessor of land must warn licensees of dangerous conditions of which the possessor has knowledge and the licensees do not and which they are not likely to discover.

Match each statement with the correct term below. -deposition

Match each statement with the correct term below. -trespasser

Match each statement with the correct term below. -intrusion

The standard of conduct which is the basis for the law of negligence is usually determined by a cost-benefit or risk-benefit analysis.