Question 1

Comparative negligence has replaced the contributory negligence doctrine in most states.

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Parents are not liable to a storekeeper for the destruction caused by their children if they permit the children to run wild through the store.

Accepted Answer

A) True 
 B)False

Question 4

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered.Then Sally went into the kitchen to make hamburger patties.While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet.In a modified comparative negligence state, who is liable?

Accepted Answer

A) Sally is liable for ALL of Pat's injuries. 
B) If Sally is found negligent, Sally is liable for a proportionate share of Pat's injuries unless Pat's negligence was as great as or greater than Sally's. 
C) Sally is not liable for any of Pat's injuries. 
D) Sally is liable for Pat's injuries only if Pat was more negligent than Sally.

Question 5

Comparative negligence by a plaintiff results in the plaintiff's being completely unable to recover.

Accepted Answer

A) True 
 B)False

Question 6

The duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

Accepted Answer

A) invitees, trespassers, or licensees. 
B) reasonable persons. 
C) fiduciaries. 
D) involved in abnormally dangerous activities.

Question 7

A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks.Once on the tracks, the patient stumbled and sprained his ankle.A few minutes later a train approached.The engineer saw the man on the track and could have stopped, but the train's brakes were defective.As a result, the train hit and killed the man.His family is suing the railroad for negligence.In this case:

Accepted Answer

A) the patient has assumed the risk of wandering onto the railroad tracks. 
B) because the patient was contributorily negligent, most states would hold that the railroad has no liability. 
C) in states that follow the contributory negligence rule, the train had the last clear chance to avoid the accident, so the patient's negligence does not bar his estate's recovery. 
D) the train's striking of the man was an intervening cause, so the railroad company was strictly liable.

Question 8

In the majority of states, in a case of negligence per se the plaintiff would only have to prove violation of a statute in order to show negligent conduct.

Accepted Answer

A) True 
 B)False

Question 9

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.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

The lawful possessor of land is liable to adult trespassers for failure to maintain the land in a reasonably safe condition.

Accepted Answer

A) True 
 B)False

Question 12

Perry is injured on the job at the factory where he works.He files a workers' compensation claim against his employer.The liability of the employer under the workers' compensation statute is:

Accepted Answer

A) comparative. 
B) strict. 
C) contributory. 
D) negligence per se.

Question 13

Cal sprayed pesticide on his crops in a very careful manner on a windless day.Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens.The chickens died, and the neighbor sues.What is the likely result?

Accepted Answer

A) Cal is not liable because he was not negligent in his spraying operation. 
B) Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence. 
C) Cal is liable because spraying pesticides is an abnormally dangerous activity. 
D) Cal is not liable for the damage because of contributory negligence.

Question 14

Define "emergencies" as it affects tort law and explain how a defendant's negligence creating an emergency affects
liability in the situation.

Accepted Answer

The answer of Define "emergencies" as it affects tort law...

Question 15

In all states, a sixteen-year-old who drives a car will not be held to the same standard of care as an adult for purposes of determining negligence.

Accepted Answer

A) True 
 B)False

Question 16

Oscar, who was driving too fast, collided with a truck carrying explosives.The truck was unmarked, so Oscar 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:

Accepted Answer

A) Oscar's negligent driving is the proximate cause of Ida's injury. 
B) Oscar's negligent driving is the proximate cause of John's injury. 
C) both Ida and John are within the zone of danger of the collision. 
D) All of these.

Question 17

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.

Accepted Answer

A) True 
 B)False

Question 18

Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which cooperates with the negligence of the defendant in bringing about the plaintiff's harm is:

Accepted Answer

A) comparative negligence. 
B) contributory negligence. 
C) res ipsa loquitur. 
D) voluntary assumption of the risk.

Question 19

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding" by prohibiting car owners from leaving the keys in their cars if the cars are unattended, is likely to be characterized as:

Accepted Answer

A) negligence per se. 
B) res ipsa loquitur. 
C) contributory negligence. 
D) assumption of risk.

Question 20

The local supermarket has a large glass front door which is well lighted and plainly visible.Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it, shattering the door and injuring himself.The store:

Accepted Answer

A) is strictly liable to Nelson. 
B) is not liable to Nelson. 
C) is liable under res ipsa loquitur. 
D) has no duty to Nelson.

Exam 8: Negligence and Strict Liability

Comparative negligence has replaced the contributory negligence doctrine in most states.

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

Parents are not liable to a storekeeper for the destruction caused by their children if they permit the children to run wild through the store.

Comparative negligence by a plaintiff results in the plaintiff's being completely unable to recover.

The duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

In the majority of states, in a case of negligence per se the plaintiff would only have to prove violation of a statute in order to show negligent conduct.

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.

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

The lawful possessor of land is liable to adult trespassers for failure to maintain the land in a reasonably safe condition.

Perry is injured on the job at the factory where he works.He files a workers' compensation claim against his employer.The liability of the employer under the workers' compensation statute is:

Cal sprayed pesticide on his crops in a very careful manner on a windless day.Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens.The chickens died, and the neighbor sues.What is the likely result?

Define "emergencies" as it affects tort law and explain how a defendant's negligence creating an emergency affects liability in the situation.

In all states, a sixteen-year-old who drives a car will not be held to the same standard of care as an adult for purposes of determining negligence.

Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which cooperates with the negligence of the defendant in bringing about the plaintiff's harm is:

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding" by prohibiting car owners from leaving the keys in their cars if the cars are unattended, is likely to be characterized as:

The local supermarket has a large glass front door which is well lighted and plainly visible.Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it, shattering the door and injuring himself.The store: