Question 1

Ray is informed that his six-year-old child is shooting in the street with a handgun.Ray fails to take the gun away from the child.The child unintentionally shoots Bill, a pedestrian.Ray is liable to Bill.

Accepted Answer

A) True 
 B)False

Question 2

Henry was burning leaves in his backyard.One of the burning leaves was lifted by the wind into Bob's yard next door.It landed on the lawnmower which exploded, setting fire to the wooden lawn furniture.Henry's best argument against liability to Bob would be:

Accepted Answer

A)  the leaf was not a substantial factor in causing the damage. 
B)  the gasoline in the lawnmower is a superseding cause of the damage. 
C)  it was not foreseeable that the lawnmower would explode. 
D)  the damage was not caused by the leaf but by the gasoline.

Question 3

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?

Accepted Answer

The answer of Assume you are the judge in the...

Question 4

While comparative negligence is generally not a defense in a strict liability case, contributory negligence generally is a successful defense.

Accepted Answer

A) True 
 B)False

Question 5

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

Accepted Answer

A)  strict liability. 
B)  res ipsa loquitur. 
C)  negligence per se. 
D)  assumption of the risk.

Question 6

The standard of conduct which is the basis for the law of negligence is usually determined by a cost-benefit or risk-benefit analysis.

Accepted Answer

A) True 
 B)False

Question 7

Defenses to an action in strict liability include:

Accepted Answer

A)  contributory negligence only. 
B)  contributory negligence and comparative negligence. 
C)  comparative negligence only. 
D)  express voluntary assumption of risk and in some states comparative negligence.

Question 8

Under the Second Restatement, a licensee for purposes of tort law is a person invited upon land as a member of the public or for a business purpose.

Accepted Answer

A) True 
 B)False

Question 9

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the lake.Which of the following is true?

Accepted Answer

A)  Mark must help the girl or he will be liable for negligence. 
B)  Mark must help the girl only if he knows her. 
C)  Mark must help the girl if he is the girl's uncle. 
D)  Mark must help the girl if he begins to rescue her and increases her danger.

Question 10

Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm.

Accepted Answer

A) True 
 B)False

Question 11

The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of:

Accepted Answer

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

Question 12

For an action of negligence, six elements must be proved.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is a defense that a defendant could raise in an action based on strict liability?

Accepted Answer

A)  The plaintiff negligently failed to observe a sign on a highway warning of blasting operations and was injured from the operations. 
B)  The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged. 
C)  A child played with a neighbor's pet raccoon which had escaped from its cage. The child teased the pet and was bitten. 
D)  All of these are valid defenses which would be successful if raised by the defendant.

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

Robin owns a dog.If there are no applicable statutes, what is her liability for damage if her dog digs up her neighbor's prize roses? Would it make any difference if the animal that destroys her neighbor's flower garden is the wild orangutan she owns?

Accepted Answer

The answer of Robin owns a dog.If there are no...

Question 16

If Janice, while driving her car, negligently runs into Paul, a pedestrian who is carefully crossing the street, Janice is liable for:

Accepted Answer

A)  physical injuries Paul sustains from the collision because Janice's negligent conduct proximately caused harm to a legally protected interest. 
B)  offensive contact if her side mirror brushes against Paul, even if there are no physical injuries to him. 
C)  offensive contact if her car touches Paul's coat, even if there is no damage to the coat. 
D)  All of these.

Question 17

Which of the following would not be considered an abnormally dangerous activity, subjecting the person who carries it out to strict liability?

Accepted Answer

A)  Pile driving. 
B)  Transmitting gas through a gas pipe. 
C)  Collecting water in a dangerously large quantity. 
D)  Emitting noxious fumes in a subdivision.

Question 18

Robert, a salesperson for Brightway Home Products, made a sales call at the Todds' house.The Todds have no duty of care toward Robert regarding the condition of their property since Robert was not an invitee or a licensee.

Accepted Answer

A) True 
 B)False

Question 19

A form of strict liability applies to all except which of the following situations?

Accepted Answer

A)  A lawnmower sold in a defective condition that injures its owner. 
B)  A fireworks factory that blows up and injures townspeople and their property. 
C)  Abnormally risky medical procedures. 
D)  A herd of goats that walk onto a neighbor's property and trample and eat the neighbor's roses.

Question 20

The duty of employers includes the duty to exercise reasonable care in hiring, training, supervising, and retaining employees.This duty is independent of the vicarious liability of an employer for an employee's tortious conduct during the course of employment.

Accepted Answer

A) True 
 B)False

Exam 8: Negligence and Strict Liabilitypart Iii: Contracts

Ray is informed that his six-year-old child is shooting in the street with a handgun.Ray fails to take the gun away from the child.The child unintentionally shoots Bill, a pedestrian.Ray is liable to Bill.

Henry was burning leaves in his backyard.One of the burning leaves was lifted by the wind into Bob's yard next door.It landed on the lawnmower which exploded, setting fire to the wooden lawn furniture.Henry's best argument against liability to Bob would be:

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?

While comparative negligence is generally not a defense in a strict liability case, contributory negligence generally is a successful defense.

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

The standard of conduct which is the basis for the law of negligence is usually determined by a cost-benefit or risk-benefit analysis.

Defenses to an action in strict liability include:

Under the Second Restatement, a licensee for purposes of tort law is a person invited upon land as a member of the public or for a business purpose.

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the lake.Which of the following is true?

Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm.

The legal doctrine upon which Justice Cardozo based his decision in the Palsgraf case is the doctrine of:

For an action of negligence, six elements must be proved.

Which of the following is a defense that a defendant could raise in an action based on strict liability?

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

Robin owns a dog.If there are no applicable statutes, what is her liability for damage if her dog digs up her neighbor's prize roses? Would it make any difference if the animal that destroys her neighbor's flower garden is the wild orangutan she owns?

If Janice, while driving her car, negligently runs into Paul, a pedestrian who is carefully crossing the street, Janice is liable for:

Which of the following would not be considered an abnormally dangerous activity, subjecting the person who carries it out to strict liability?

Robert, a salesperson for Brightway Home Products, made a sales call at the Todds' house.The Todds have no duty of care toward Robert regarding the condition of their property since Robert was not an invitee or a licensee.

A form of strict liability applies to all except which of the following situations?

The duty of employers includes the duty to exercise reasonable care in hiring, training, supervising, and retaining employees.This duty is independent of the vicarious liability of an employer for an employee's tortious conduct during the course of employment.