Exam 7: Negligence and Strict Liability

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Eva owns Fast-Rate Salvage, a demolition company. A demolition by a Fast-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eva must pay for Glen's injury

(Multiple Choice)

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Question 21

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

(True/False)

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Question 22

Beth is injured in a car accident and sues Cash, alleging negligence. Cash claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery

(Multiple Choice)

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Question 23

An Illinois state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Jerry, a driver for Crosstown Taxi Company, is driving and talking on his cell phone when his cab collides with Kayla's car, injuring her. Kayla's best theory for recovery against Jerry and Crosstown is

(Multiple Choice)

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Question 24

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

(Multiple Choice)

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Question 25

Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because

(Multiple Choice)

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Question 26

The degree of care to be exercised in a situation can vary with a person's profession or occupation.

(True/False)

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Question 27

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

(Multiple Choice)

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Question 28

Amber shops in a Breezy Bargains store, whose employee Connor recently mopped the floor. Amber slips, falls, and suffers an injury. Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and

(Multiple Choice)

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Question 29

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

(Multiple Choice)

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Question 30

Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability.

(True/False)

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Question 31

Causation in fact can be determined by use of the but for test.

(True/False)

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Question 32

A person who keeps a wild animal is always strictly liable for any harm that the animal inflicts.

(True/False)

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Question 33

Fact Pattern 7-A1 Roy owns an apartment building that contains units of different sizes. The sidewalks around the building are in poor repair. Many sections have buckled from the growth of tree roots over the years. -Refer to Fact Pattern 7-A1. As the landlord of the building, when a prospective tenant asks about the size of an apartment, Ray has a duty to

(Multiple Choice)

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Question 34

If no harm results from an allegedly negligent act, there is no liability.

(True/False)

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Question 35

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

(True/False)

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Question 36

One characteristic of an abnormally dangerous activity is that it involves a low degree of risk.

(True/False)

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Question 37

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

(Essay)

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Question 38

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

(True/False)

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Question 39

Biff went to Carraba's Market to pick up a few items for dinner. It was a rainy, windy day, and the wind had blown water through the entrance to Carraba's each time the door opened. As Biff entered, he slipped and fell in the rainwater that had accumulated on the floor. Dorothea, the manager, knew of the weather conditions but had not posted any sign to warn customers of the water hazard. Biff injured his back as a result of the fall and sued Carraba's for damages, alleging negligence. Is Carraba's liable Why or why not

(Essay)

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Question 40

Showing 21 - 40 of 42

Exam 7: Negligence and Strict Liability

Eva owns Fast-Rate Salvage, a demolition company. A demolition by a Fast-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eva must pay for Glen's injury

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

Beth is injured in a car accident and sues Cash, alleging negligence. Cash claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth's recovery

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

Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because

The degree of care to be exercised in a situation can vary with a person's profession or occupation.

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

Amber shops in a Breezy Bargains store, whose employee Connor recently mopped the floor. Amber slips, falls, and suffers an injury. Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and

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

Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability.

Causation in fact can be determined by use of the but for test.

A person who keeps a wild animal is always strictly liable for any harm that the animal inflicts.

If no harm results from an allegedly negligent act, there is no liability.

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

One characteristic of an abnormally dangerous activity is that it involves a low degree of risk.

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

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