Question 1

Edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory. The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in

Accepted Answer

A)   Edie v. Finest Fireworks Factory.
B)   Palsgraf v. Long Island Railroad Co.
C)   Rylands v. Fletcher.
D)   Congress. B

Question 2

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

Accepted Answer

A) True 
 B)False  True

Question 3

Assumption of risk can be raised as a defense in a negligence suit.

Accepted Answer

A) True 
 B)False  True

Question 4

Fact Pattern 7-A1 
Roy owns a building in which Shelly rents an apartment. 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 5

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

Accepted Answer

A) True 
 B)False

Question 6

If one person's act harms another, there is may be liability for negligence even if the actor did not intend the harm.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A)   Earth is a corporation.
B)   the activity is inherently negligent.
C)   the activity is of a dangerous nature.
D)   the government pays for highway construction.

Question 8

Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, injuring Nico. Nico files a suit against Owen, whose best defense is

Accepted Answer

A)   assumption of risk.
B)   contributory negligence.
C)   negligence per se.
D)   superseding cause.

Question 9

George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is

Accepted Answer

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

Question 10

Pam files a successful suit against Quantity Stores based on Quantity's neg?ligence. Normally, an award in such a suit consists of

Accepted Answer

A)   comparative damages.
B)   compensatory damages.
C)   contributory damages.
D)   punitive damages.

Question 11

Clyde enters Desert Decathlon, an athletic competition in which Clyde has often competed. Regarding the risk of injury, Clyde assumes the risks

Accepted Answer

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

Question 12

In many states, the plaintiff's negligence is a defense that may be raised in a negligence suit.

Accepted Answer

A) True 
 B)False

Question 13

Valuable Resources, Inc., uses dynamite in its remote mining operations. Will stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is
A) neither Valuable Resources nor Will.
B) Valuable Resources and Will.
C) Valuable Resources only.
D) Will only.

Accepted Answer

The answer of Valuable Resources, Inc., uses dynamite in its...

Question 14

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

Accepted Answer

A)   only if Glen's injury was not reasonably foreseeable. 
B)   only if Glen's injury was reasonably foreseeable.
C)   only if the Fast-Rate crew was at fault.
D)   whether or not the Fast-Rate crew was at fault.

Question 15

A state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine. Steel Company's (SC's) equipment does not have the switches. Trudy, an SC employee, suffers an injury that an accessible shut-off switch would have prevented. Trudy's best theory for recovery against SC is

Accepted Answer

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

Question 16

Proximate cause exists when the connection between an act and an in?jury is strong enough to justify imposing liability.

Accepted Answer

A) True 
 B)False

Question 17

Under a dram shop act or a social host statute, liability can be imposed without proof of negligence.

Accepted Answer

A) True 
 B)False

Question 18

The basis for applying strict liability is an intentional wrongful act.

Accepted Answer

A) True 
 B)False

Question 19

Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of

Accepted Answer

A)   Evon and Gina.
B)   Evon only.
C)   Gina only.
D)   neither Evon nor Gina.

Question 20

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is

Accepted Answer

A)   neither the causation in fact nor the proximate cause of the injury.
B)   only the causation in fact of the injury.
C)   only the proximate cause of the injury.
D)   the causation in fact and the proximate cause of the injury.

Exam 7: Negligence and Strict Liability

Edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory. The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in

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

Assumption of risk can be raised as a defense in a negligence suit.

Fact Pattern 7-A1 Roy owns a building in which Shelly rents an apartment. 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

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

If one person's act harms another, there is may be liability for negligence even if the actor did not intend the harm.

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

Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, injuring Nico. Nico files a suit against Owen, whose best defense is

George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is

Pam files a successful suit against Quantity Stores based on Quantity's neg?ligence. Normally, an award in such a suit consists of

Clyde enters Desert Decathlon, an athletic competition in which Clyde has often competed. Regarding the risk of injury, Clyde assumes the risks

In many states, the plaintiff's negligence is a defense that may be raised in a negligence suit.

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

Proximate cause exists when the connection between an act and an in?jury is strong enough to justify imposing liability.

Under a dram shop act or a social host statute, liability can be imposed without proof of negligence.

The basis for applying strict liability is an intentional wrongful act.

Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is