Business Law Chapter 8

Barb 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. Barb trips over the cluttering the aisle. Barb trips over the clutter and breaks her leg. What standard of care does the store have toward Barb under the circumstances?

Because Barb is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover.

Arnie negligently stopped his car on the highway. Beth, who was driving along, saw Arnie's car in sufficient time to attempt to stop. However, Beth negligently put her foot on the accelerator instead of the brake and ran into Arnie's car.

Because both parties were negligent, in a state that follows the pure comparative negligence doctrine, both parties will share the liability for their injuries.

A blind person will be held to the standard of care of the reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence.

True

If a person's 150-pound sheep dog has a propensity to jump enthusiastically on visitors, the animal's keeper would be liable for damages done by the dog's playfulness.

True

Ray is informed that the six-year-old child is shooting in the street with a .22 rifle. Ray fails to take the gun away from the child. The child unintentionally shoots Bill, a pedestrian. Ray is liable to Bill.

True

Res ispa loquitur means "the thing speaks for itself" and it permits the jury to infer negligent conduct and causation from the mere occurrence of certain types of events.

True

The Love v. Hardee's Food Systems, Inc. Case dealt with the responsibility of the owner or processor of property to an invitee to warn of, remove, or barricade a dangerous condition of the premises.

True

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.

True

By law all apartments buildings in New Jersey must have smoke alarms in the ceilings. Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed. To win a negligence action against the building owner, Mary would have to prove:

injury and causation

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 lawn mower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability to Bob would be:

it was not foreseeable that the lawn mower would explode.

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

physical injuries Paul sustains from the collision because Janice's negligent conduct proximately caused harm to a legally protected interest.

Which of the following is are considered in determining the application of the reasonable person standard?

(All of the above are considered) physical disability, superior skill or knowledge, emergency circumstances

In which of the following situations would a landowner have liability to a trespasser?

(Two of the Above)(a)(b)

Joe intentionally pushed Bill into a fence negligently erected by Sam around Sam's swimming pool. The fence caved in and Bill nearly drowned. Who is liable?

Joe because of his intentional intervening conduct.

Chris while driving a car with defective brakes very slowly down fifth avenue looking for a parking place. Mindy jumped out into the street five feet in front of his car. Chris could not help but hit her. What in chris's best defense to the charge of negligence.

Mindy crossed in the middle of the street, which is against the law.

In Soldano v. O'Daniels, the court re-examined the common-law rule of nonliability for not taking affirmation action to save someone from peril. The court considered which of the following factors with respect to imposing duties for affirmative action by third parties?

Moral blame attached to the defendant's conduct and the policy of preventing future harm.