ACCT 324- Ch.9 (Negligence and Strict Liability)

Which of the following are elements of causation? A. Actual cause and proximate cause. B. Actual cause and significant cause. C. Actual cause and clear cause. D. Proximate cause and significant cause. E. Proximate cause and real cause.

A. Actual cause and proximate cause.

Which of the following damages are intended to reimburse a plaintiff for his or her losses? A. Compensatory. B. Punitives. C. Nominal. D. Exemplary. E. Quantum.

A. Compensatory.

Which of the following are laws holding that people in peril who receive voluntary aid from others cannot hold those offering aid liable for negligence? A. Good Samaritan statutes. B. Aid to others statutes. C. Rescue statutes. D. Freedom statutes. E. All clear statutes.

A. Good Samaritan statutes.

Which of the following occurs when a plaintiff implicitly assumes a known risk? A. Implied assumption of the risk. B. Express assumption of the risk. C. Express assumption of the last-clear-chance doctrine. D. Implied assumption of the last-clear-chance doctrine. E. Assumption by incident.

A. Implied assumption of the risk.

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions? A. Proximate cause. B. Actual cause. C. Cause in fact. D. Significant cause. E. Legal cause.

A. Proximate cause.

The ___ standard is a measurement of the way members of society expect an individual to act in a given situation. A. Reasonable person B. Above-average person C. Without error D. Perfect accountability E. Reasonable accountability

A. Reasonable person

Which is the most difficult part of establishing the defense of assumption of the risk? A. Showing that the plaintiff assumed the risk of the actual harm suffered. B. Showing that the defendant was aware that the plaintiff assumed the risk. C. Showing that the plaintiff was aware of applicable law. D. Showing that the plaintiff signed the contract assuming the risk without duress. E. Showing a lack of contributory conduct on the part of other defendants.

A. Showing that the plaintiff assumed the risk of the actual harm suffered.

When would a defendant use the doctrine of res ipsa loquitur? A. To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed. B. To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm. C. To allow the judge and jury to presume the plaintiff is guilty of contributory negligence. D. To allow the judge and jury to presume the plaintiff destroyed evidence. E. To allow the judge to hold the defendant liable under a strict liability theory.

A. To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.

Which of the following is an example of a dram shop act? A. A statute which requires bar owners to have a license before operating a bar. B. A statute which allows bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar. C. A statute that prohibits any bars on certain streets in the jurisdiction. D. A statute which allows the selling of beer but not hard liquor. E. A statute which requires bar owners to post a bond before opening for business in a jurisdiction.

B. A statute which allows bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar. (Many states have dram shop acts, which allow bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar.)

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered? A. A surprise event B. A superseding cause C. A relative cause D. An unusual cause E. Assumption of the risk

B. A superseding cause

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused? A. Last-clear-chance doctrine. B. Assumption of the risk doctrine. C. Contributory negligence doctrine. D. Res ipsa loquitur. E. Negligence per se.

B. Assumption of the risk doctrine. (To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.)

Assume Bobby begins to cross the street in a jurisdiction that applies contributory negligence. He does not go to a crosswalk but proceeds to illegally cross the street without checking to see if any vehicles are coming. Slick sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction? A. Slick will not be held liable because Bobby was contributorily negligent. B. Bobby will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Bobby. C. Bobby will win because of comparative negligence. D. Slick will win because of the assumption of risk doctrine based upon the fact that Bobby committed an offense by crossing the street where he did in violation of clearly defined law. E. Bobby will lose because Slick, at least, reduced his speed.

B. Bobby will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Bobby. (Under contributory negligence, if the court finds that (1) the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and (2) the plaintiff's failure was a contributing cause to the plaintiff's injury, the defendant will not be liable for the plaintiff's injuries unless the plaintiff can prove that the defendant had the last opportunity to avoid the accident.)

Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior? A. Implied assumption of the risk. B. Express assumption of the risk. C. Express assumption of the last-clear-chance doctrine. D. Implied assumption of the last-clear-chance doctrine. E. Assumption by incident.

B. Express assumption of the risk.

Which of the following is a doctrine that allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final clear opportunity to avoid the action that injured the plaintiff? A. Assumption of risk. B. Last-clear-chance doctrine. C. Modified risk doctrine. D. Modified comparative doctrine. E. There is no such doctrine.

B. Last-clear-chance doctrine.

Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a ___ case. A. Malfeasance B. Malpractice C. Mistake D. Physician liability E. Physician guilty

B. Malpractice (Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional. These actions are referred to as malpractice cases.)

Which of the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs? A. Res ipsa loquitur. B. Negligence per se. C. Statutory shop act. D. Comparative negligence. E. Assumption of the risk.

B. Negligence per se.

Tina negligently hits student Susie with her car. Which of the following is true? A. Tina has no duty to come to the aid of Susie. B. Tina has a duty to come to the aid of Susie because she negligently hit her. C. Tina has a duty to come to the aid of Susie only if police are not on the scene within a reasonable amount of time. D. Tina has a duty to come to the aid of Susie only if Susie has no insurance. E. Tina has a duty to come to the aid of Susie only if no one else is willing to do so.

B. Tina has a duty to come to the aid of Susie because she negligently hit her. (In some cases, the courts hold that individuals have a duty to aid strangers in certain types of peril. If Tina negligently hits Susie with her car and, as a result, Susie is lying in the street, Tina has a duty to remove her from that dangerous position.)

Which of the following is sometimes referred to as "but for" causation? A. Proximate cause. B. Significant cause. C. Actual cause. D. Legal cause. E. Constructive cause.

C. Actual cause (Actual cause is sometimes referred to as "but-for" causation because the plaintiff argues that the damages he or she suffered would not have occurred but for [except because of] the actions of the defendant.)

Actual cause is also known as ___. A. Proximate cause B. Legal cause C. Cause in fact D. Cause for certainty E. Proximately related cause

C. Cause in fact

Which of the following is an example of an inherently dangerous activity? A. Driving a vehicle. B. Operating an airplane. C. Dynamite blasting in a populated area. D. Burning trash. E. Babysitting.

C. Dynamite blasting in a populated area.

In most states, proximate cause is determined by ___. A. Actual cause B. Common law C. Foreseeability D. But-for causation E. Strict liability

C. Foreseeability

Assume Bob, who had no notice of any heart problem, is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true? A. The student can recover upon a showing of injury. Nothing else is required. B. The student may recover only if the student can show that the student was in the marked crosswalk. C. It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care. D. The student can recover in an action for negligence only if it can be shown that Bob had insurance. E. The student can recover only if the student can establish that the student did not have any medical insurance.

C. It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care. (Sometimes harm occurs because an individual suffers an unfortunate accident, an incident that simply could not be avoided, even with reasonable care.)

Proximate cause is also sometimes referred to as which of the following? A. Actual cause. B. Cause in fact. C. Legal cause. D. Significant cause. E. Factual Cause.

C. Legal cause.

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover? A. Assumption of the risk. B. Last-clear-chance. C. Modified comparative negligence. D. Pure comparative negligence. E. Both modified comparative negligence and last-clear-chance.

C. Modified comparative negligence.

What does the term "negligence per se" mean literally? A. Pure negligence. B. Select negligence. C. Negligence in or of itself. D. Absolute wrongdoing. E. Allowable negligence.

C. Negligence in or of itself.

While driving her car down the street, Susan sees a child playing near the road with no adult around. Which of the following is true? A. Because the law holds that every U.S. citizen holds the duty to help a stranger in peril, she must come to the child's assistance. B. She must come to the child's assistance only because a child is involved. C. She has no duty to render assistance to the child. D. She must render assistance to the child only if she can do so without peril to herself. E. She must render assistance to the child only if she is acquainted with the child's parents.

C. She has no duty to render assistance to the child. (In most situations, the law holds that individuals have no duty to rescue strangers from perilous situations.)

Which of the following is liability without fault? A. Negligence. B. Assumption of the risk. C. Strict liability. D. Storekeeper liability. E. Homeowner liability.

C. Strict liability.

Why have most states replaced the contributory negligence defense with a comparative negligence theory? A. In order to assist a defendant in defending against unfounded claims. B. In order to assist a plaintiff in avoiding the assumption of the risk doctrine. C. In order to assist a defendant in avoiding the assumption of the risk doctrine. D. Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence. E. Because of situations in which a defendant is released from liability based on the last clear chance doctrine when equity requires that the defendant bear at least some responsibility.

D. Because of situations in which a plaintiff is barred from recovery due to minimal contributory negligence. (Because of many situations in which an extremely careless defendant causes a great deal of harm to a plaintiff who is barred from recovery due to minimal contributory negligence, most states have replaced the contributory negligence defense with either pure or modified comparative negligence.)

Which of the following is true regarding contributory negligence? A. The defense was once available in a few states but is not available in any state today. B. It is available in all states today. C. It was outlawed by a federal statute. D. It was once available in all states but has been replaced in some states by the defense of comparative negligence. E. It was once available in all states and has been replaced in some states by the defense of assumption of risk.

D. It was once available in all states but has been replaced in some states by the defense of comparative negligence. (Contributory negligence, a defense once available in all states but replaced today in some states by the defense of comparative negligence, applies in cases in which the defendant and the plaintiff were both negligent.)

Under which of the following does the court determine the percentage of the fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault? A. Assumption of the risk. B. Last-clear-chance. C. Modified comparative negligence. D. Pure comparative negligence. E. Both modified comparative negligence and last-clear-chance.

D. Pure comparative negligence.

Which of the following aids plaintiffs in establishing negligence claims? A. Only res ipsa loquitur B. Only negligence per se C. Only assumption of risk D. Res ipsa loquitur and negligence per se E. Res ipsa loquitur, negligence per se, and assumption of risk

D. Res ipsa loquitur and negligence per se

Which of the following must the defendant prove in order to rely upon the defense of contributory negligence? A. Only that the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm. B. Only that a failure of the plaintiff was a contributing cause to the plaintiff's injury. C. Only that the plaintiff violated the last-clear-chance doctrine. D. That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries. E. That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm; that the plaintiff's failure was a contributing cause to the plaintiff's injuries; and also that the plaintiff failed to abide by the last-clear-chance doctrine.

D. That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.

Which of the following is a condition required for the imposition of strict liability? A. The activity involves negligence pertaining to the preparation of food products. B. The activity involves trespassing in a way that reasonably leads to fright on the part of home owners. C. The activity is undertaken by a minor. D. The activity is so inherently dangerous that it cannot ever be safely undertaken. E. The activity is heavily regulated.

D. The activity is so inherently dangerous that it cannot ever be safely undertaken. (The law holds an individual liable without fault when the activity in which he or she engages satisfies three conditions: (1) It involves a risk of serious harm to people or property; (2) it is so inherently dangerous that it cannot ever be safely undertaken; and (3) it is not usually performed in the immediate community.)

Assuming res ipsa loquitur is established, what is the effect of that doctrine? A. It requires a finding of negligence. B. It prohibits a finding of negligence. C. The burden of proof shifts to the plaintiff. D. The burden of proof shifts to the defendant. E. The burden of proof rises to proof beyond a reasonable doubt.

D. The burden of proof shifts to the defendant.

Why are punitive damages awarded? A. Only to punish the offender. B. Only to deter others from committing similar offenses. C. Only to reimburse a plaintiff for his or her losses. D. To punish the offender and to deter others from committing similar offenses. E. To punish the offender, to deter others from committing similar offenses, and to reimburse a plaintiff for his or her losses.

D. To punish the offender and to deter others from committing similar offenses.

Which of the following is true regarding the duty that a business owes to consumers? A. A business owes no duty to its customers other than to sell safe products. B. A business owes an absolute duty to keep its customers safe and is strictly liable for any harm. C. A business only owes a minimal duty toward customers. D. A business owes a negligence per se duty toward customers. E. A business has a duty of care to protect their customers against foreseeable risks about which the owner knew or reasonably should have known.

E. A business has a duty to care to protect their customers against foreseeable risks about which the owner know or reasonably should have known.

Which of the following is true regarding the law of negligence in Germany? A. It is the same as the law of negligence in the United States. B. It focuses only on conscious negligence. C. It focuses only on unconscious negligence. D. Courts distinguish between conscious and unconscious negligence with defendants who have engaged in only conscious negligence being found not guilty. E. Both mental and physical capabilities are taken into account in determining whether a defendant is negligent.

E. Both mental and physical capabilities are taken into account in determining whether a defendant is negligent. (German law is concerned with the defendant's ability to foresee, understand, and avoid danger; and both mental and physical capabilities are taken into account in determining liability for negligence.)

Which of the following must a plaintiff prove to win a negligence case? A. Duty, breach of duty, and causation, but not damages. B. Breach of duty only. C. Duty and causation only. D. Causation and damages. E. Duty, breach of duty, causation, and damages.

E. Duty, brach of duty, causation, and damages.

Courts usually award punitive damages in cases in which the offender has committed ___. A. Negligence B. Strict liability offense C. A res ipsa loquitur offense D. A tort directly involving negligence per se E. Gross negligence

E. Gross negligence (Courts usually award punitive damages in cases in which the offender has committed gross negligence, an action committed with extreme reckless disregard for the property or life of another person.)

Which of the following is true regarding negligence under South African Law? A. South Africa's legal system is a combination of selected legal traditions involving Roman, Dutch, and French law, but not German law. B. Under South African law, individuals can be found negligent in only one way, through failing to exercise reasonable care. C. South African law models the law of the U.S. and is substantially the same. D. South African law refuses to recognize sudden emergency as a standard for determining negligence in crisis situations. E. South African law recognizes that one way to determine negligence is by determining whether the defendant could have prevented the consequent damages.

E. South African law recognizes that one way to determine negligence is by determining whether the defendant could have prevented the consequent damages.

Assumption of the risk is a doctrine which makes it easier for a plaintiff to prevail in a lawsuit.

false (A defense available to defendants facing negligence claims is called assumption of the risk.)

According to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover.

false (According to a pure comparative negligence defense, the court determines the percentage of fault of the defendant, and the defendant is then liable for that percentage of the plaintiff's damages.)

A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court.

false (Choice is not involved. Most states have replaced the contributory negligence defense with either pure or modified comparative negligence.)

Good Samaritan statutes impose liability upon people for refusing to stop at accident scenes.

false (Good Samaritan statutes attempt to encourage selfless and courageous behavior by removing the threat of liability.)

More than half the states remain contributory negligence states.

false (Twenty-eight states have adopted modified comparative negligence, thirteen have adopted pure comparative negligence, and nine have adopted contributory negligence.)

Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior.

false (express assumption)

When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a heightened duty of care toward the plaintiff.

false (When negligence per se applies, the plaintiff does not have to show that a reasonable person would exercise a certain duty of care toward the plaintiff.)

Strict liability is liability without fault.

true

The courts generally hold that landowners have a duty to protect individuals on their property.

true

To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused.

true

In some situations, the law specifies the duty of care one individual owes to another.

true (The plaintiff must first establish that the defendant owes a duty to the plaintiff; but, in some particular situations, the law specifies the duty of care one individual owes to another.)