Question 1

Under the doctrine of comparative negligence,both the plaintiff's and the defendant's negligence are taken into consideration.

Accepted Answer

A) True 
 B)False  True

Question 2

Fact Pattern 7-A1 (Questions A2-A3 apply)
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

Accepted Answer

A)  arrange to correct the rent to match the tenant's ability to pay.
B)  do nothing.
C)  supply correct information.
D)  tell tenants what they want to hear even if it is not correct. C

Question 3

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

Accepted Answer

A) True 
 B)False  True

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

The extreme risk of an activity is a primary basis for imposing strict liability.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A)  cause in fact. 
B)   intervening cause.
C)  proximate cause.
D)  superseding cause.

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

Nadine is a spectator at the Metro City Softball Tournament,an athletic competition.Regarding the risk of injury,Nadine assumes the risks

Accepted Answer

A)  attributable to the tournament in any way.
B)  different from the risks normally associated with the tournament.
C)  greater than the risks normally associated with the tournament.
D)  normally associated with the tournament.

Question 10

A business owner has a duty to use reasonable care to protect its customers against foreseeable risks about which the owner should have known.

Accepted Answer

A) True 
 B)False

Question 11

Under the theory of negligence,the duty of care requires an intentional act.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A)  Amber cannot read it.
B)  Amber was distracted by other patrons.
C)  Amber was enticed by a nearby display.
D)  Connor did not place the sign near the wet floor.

Question 13

Fact Pattern 7-A1 (Questions A2-A3 apply)
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 owner of the building,Roy has a duty to

Accepted Answer

A)  arrange to escort anyone who walks onto the property.
B)  do nothing.
C)  repair the sidewalks.
D)  repair the sidewalks only if he is notified that it is a problem.

Question 14

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

Accepted Answer

A)  even if Beth was only slightly at fault.
B)  only if Beth was as equally at fault as Cash.
C)  only if Beth was less at fault than Cash.
D)  only if Beth was more at fault than Cash.

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

Ralph,a van driver for Standard Delivery Company,causes a multi-vehicle accident on a city street.Ralph and Standard are liable to

Accepted Answer

A)  all those who were injured.
B)  only those who were uninsured.
C)  only those whose injuries could have been reasonably foreseen.
D)  only those whose vehicles were closest to Rod's van.

Question 17

Caleb is driving a car in which Dona is a passenger when an accident occurs.Caleb and Dona are emotionally rattled,but neither is physically hurt.Caleb is not liable to Dona on a negligence theory because

Accepted Answer

A)  both parties were emotionally rattled.
B)  Caleb did not apparently intend to cause an accident.
C)  Dona must have been comparatively negligent.
D)  Dona was not injured.

Question 18

A person assumes all risks associated with any activity in which he or she participates.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 7: Negligence and Strict Liability

Under the doctrine of comparative negligence,both the plaintiff's and the defendant's negligence are taken into consideration.

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

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

The extreme risk of an activity is a primary basis for imposing strict liability.

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

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

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

Nadine is a spectator at the Metro City Softball Tournament,an athletic competition.Regarding the risk of injury,Nadine assumes the risks

A business owner has a duty to use reasonable care to protect its customers against foreseeable risks about which the owner should have known.

Under the theory of negligence,the duty of care requires an intentional act.

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

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

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

Ralph,a van driver for Standard Delivery Company,causes a multi-vehicle accident on a city street.Ralph and Standard are liable to

Caleb is driving a car in which Dona is a passenger when an accident occurs.Caleb and Dona are emotionally rattled,but neither is physically hurt.Caleb is not liable to Dona on a negligence theory because

A person assumes all risks associated with any activity in which he or she participates.

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

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