Question 1

Sarina goes to Marlin's Department Store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Sarina trips over the clutter and is injured. Under the Second Restatement, Sarina's status with regard to the store is that of:

Accepted Answer

A)  licensee. 
B)  business visitor. 
C)  public invitee. 
D)  trespasser.

Question 2

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

Accepted Answer

A)  proximate cause. 
B)  res ipsa loquitur . 
C)  causation in fact. 
D)  comparative negligence.

Question 3

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 4

Under the Second Restatement, a possessor of land must warn licensees of dangerous conditions of which the possessor has knowledge and the licensees do not and which they are not likely to discover.

Accepted Answer

A) True 
 B)False

Question 5

What is the reasonable person standard? How is it applied to each of the following types of people? 
a. Children 
b. Persons with physical disabilities 
c. Persons who are mentally retarded 
d. Professional people with advanced degrees and training, such as doctors, lawyers, and accountants 
e. Persons acting in emergency situations 
f. Persons who violate statutory duties

Accepted Answer

The answer of What is the reasonable person standard? How...

Question 6

Tom's dog has bitten three mail carriers, but Tom can't bear to chain him up. When the dog bites the newsboy, Tom will be strictly liable.

Accepted Answer

A) True 
 B)False

Question 7

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 8

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 9

As a general rule:

Accepted Answer

A)  the defenses available to intentional torts and negligence are interchangeable. 
B)  if a plaintiff has established by a preponderance of the evidence all the required elements of a negligence action, the plaintiff will automatically recover damages. 
C)  any defense to an intentional tort is also available in an action for negligence. 
D)  more defenses are available for intentional torts than are available in negligence cases.

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

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 cracked corn 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 12

In applying the reasonable person standard, the court takes into account a person's physical, but not mental, handicaps.

Accepted Answer

A) True 
 B)False

Question 13

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 14

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.

Accepted Answer

A) True 
 B)False

Question 15

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 16

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 17

Under the Second Restatement, 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 18

By law, bystanders are always required to help others in peril.

Accepted Answer

A) True 
 B)False

Question 19

A number of states have abolished or modified the defense of implied assumption of risk.

Accepted Answer

A) True 
 B)False

Question 20

A widely applied test for causation in fact is the "but for" rule.

Accepted Answer

A) True 
 B)False

Exam 8: Negligence and Strict Liability

Sarina goes to Marlin's Department Store to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Sarina trips over the clutter and is injured. Under the Second Restatement, Sarina's status with regard to the store is that of:

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

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?

Under the Second Restatement, a possessor of land must warn licensees of dangerous conditions of which the possessor has knowledge and the licensees do not and which they are not likely to discover.

Tom's dog has bitten three mail carriers, but Tom can't bear to chain him up. When the dog bites the newsboy, Tom will be strictly liable.

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

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

As a general rule:

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.

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 cracked corn for the chickens. The chickens died and the neighbor sues. What is the likely result?

In applying the reasonable person standard, the court takes into account a person's physical, but not mental, handicaps.

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.

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.

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

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.

Under the Second Restatement, the duty of a possessor of land to persons who come on the land usually depends on whether those persons are:

By law, bystanders are always required to help others in peril.

A number of states have abolished or modified the defense of implied assumption of risk.

A widely applied test for causation in fact is the "but for" rule.