Exam 7: Negligence and Strict Liability

John sees that Kris is about to step into the path of an oncoming bus. If John does not warn Kris of the danger, John is liable

Leo slips and falls in Mornin' Breakfast Café and is injured. Leo files a suit against Mornin' for $50,000. If Leo is 20 percent at fault and Mornin' is 80 percent, under a contributory negligence doctrine, Leo would recover

Molly shoots Norm with Opal's pistol. The proximate cause of Norm be?ing shot is most likely attributable to

If a person breaches a duty of care and another person suffers an injury, the breach must have caused the harm for liability to result.

One of the requirements for a suit based on strict liability is a failure to exercise due care.

To determine whether a duty of care has been breached, a judge asks how he or she would have acted in the same circumstances.

Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of

Negligence per se may occur on the violation of a statute.

Driving his sport utility vehicle negligently, Bart crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Chris. But for Bart's negligence, Chris would not have died. Regarding the death, the crash is the

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

While boating, Phil ignores warning signs that the weather is worsening. His boat is swamped. Quick Sea Rescue's recovery of Phil is slowed by an inexperienced crewman. Meanwhile Rita, who is also in a floundering craft awaiting rescue, is lost. In Rita's family's suit against Phil, his failure to heed the signs of the approaching storm will most likely be held

Kay carelessly bumps into Lyle, knocking him to the ground. Kay has committed the tort of negligence

Business owners have no duty to exercise reasonable care to protect invitees.

For purposes of establishing negligence, causation in fact exists if an in?jury would have occurred even without the defendant's act.

In theory, causation in fact is limitless.

Neal, a twelve-year-old, buys a pair of skis from Outdoor Outfitters (OO), telling the salesperson that he has never been skiing but "really wants to do it." The salesperson urges Neal to take a lesson in the sport before attempting a run, but Neal ignores the advice. On the first run, Neal loses control, hits a tree, and is injured. Neal files a suit against OO, alleging that it was negligent to have sold the skis to him, when he was clearly too young and inexperienced. How might OO defend itself?

Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for

In a comparative negligence state, if a plaintiff is found to be 30 percent negligent, the award against the defendant will be reduced by 70 percent.

A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event.

Under the theory of negligence, the duty of care requires one person to aid another who has suffered harm from someone's negligence.