Exam 8: Negligence and Strict Liability

Under the Second Restatement,a possessor of land has a legal duty to warn business invitees of obvious dangers that invitees should be able to discover themselves.

Assume you are the judge in the Palsgraf case. a.Analyze the fact situation in terms of the elements that need to be proved in a negligence case. b.Why did Mrs. Palsgraf lose the case? What in the fact situation makes it difficult to establish a prima facie case of negligence?

There are no defenses available for strict liability; it is imposed absolutely.

Match each statement with the correct term below. -voir dire

If a defendant acts under emergency conditions,these conditions will be taken into account in applying the reasonable person standard.

Match each statement with the correct term below. -duty

Match each statement with the correct term below. -embezzlement

Match each statement with the correct term below. -pleadings

Match each statement with the correct term below. -mediation

Match each statement with the correct term below. -utilitarianism

In some instances,people may be held liable for injuries they have caused even though they have not acted intentionally or negligently.

The "but for" test is useful when two or more forces,each of which is sufficient to bring about the harm in question,are actively operating.

Negligence per se is a defense in a negligence case.

Match each statement with the correct term below. -stare decisis

Joe intentionally pushed Bill into a fence negligently erected by Sam around Sam's swimming pool.The fence caved in and Bill nearly drowned.Who is liable?

Res ipsa loquitur makes it easier for the defendant to prevail in a negligence action.

Match each statement with the correct term below. -felony

Match each statement with the correct term below. -res ipsa loquitur

Match each statement with the correct term below. -negligence

Identify the elements a plaintiff must prove in an action for negligence.