Exam 8: Negligence and Strict Liability

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If an intervening cause is deemed to be a superseding cause,it does not relieve the defendant of liability for that harm.

(True/False)
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Match each statement with the correct term below. -vicarious liability

(Multiple Choice)
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There is an established rule in the law of torts that even one who has not created a peril has a duty to take affirmative action to assist an imperiled person,no matter what the relationship with that person,when the imperiled person can be saved from harm at little or no personal risk to the rescuer.

(True/False)
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The rule which permits the jury to infer both negligent conduct and causation from the mere occurrence of certain events is:

(Multiple Choice)
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Liability for the negligent conduct of a defendant requires not only that the conduct in fact caused injury to the plaintiff but also that it was the proximate cause of the injury.

(True/False)
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Match each statement with the correct term below. -discovery

(Multiple Choice)
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Match each statement with the correct term below. -arraignment

(Multiple Choice)
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Arnie negligently stopped his car on the highway.Beth,who was driving along,saw Arnie's car in sufficient time to attempt to stop.However,Beth negligently put her foot on the accelerator instead of the brake and ran into Arnie's car.In this case:

(Multiple Choice)
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Even though contributory negligence is proven by a defendant in a state in which it acts as a complete bar to recovery,the plaintiff may still recover if the defendant had the last clear chance to avoid the injury.

(True/False)
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In which of the following situations would a court be likely to find that the witness to the situation had an affirmative duty to act?

(Multiple Choice)
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Match each statement with the correct term below. -plaintiff

(Multiple Choice)
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In determining a defendant's liability for negligence,his or her superior skill or knowledge will be attributed in applying the reasonable person standard,thus increasing the chance that the defendant may be held liable.

(True/False)
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Match each statement with the correct term below. -burglary

(Multiple Choice)
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Garnett,who was driving too fast for conditions,collided with a truck carrying explosives.The truck was unmarked,so Garnett had no way of knowing what it contained.The collision caused an explosion,which shattered glass in a building a block away.The glass injured Ida,who was working inside the building.John,who was walking down the street near the site of the collision,was seriously burned as a result of the explosion.In this case:

(Multiple Choice)
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If a raccoon gets loose from a cage and harms someone,the owner can escape liability by showing that he took great care to keep the animal confined.

(True/False)
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Match each statement with the correct term below. -in rem jurisdiction

(Multiple Choice)
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Some states have today merged the implied assumption of risk doctrine into their comparative negligence systems.

(True/False)
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William,who is a waiter,is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler.If William wants to sue the bottling company for his injuries:

(Multiple Choice)
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Match each statement with the correct term below. -conversion

(Multiple Choice)
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The general rule for the standard of care used in tort law is: a person is under a duty to all others at all times to exercise reasonable care for the safety of other persons and their property.

(True/False)
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