Ch. 8

An action for negligence consists of which of the following elements which the plaintiff must prove?

Injury

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

Physical disability Superior skill or knowledge Emergency circumstances

Which of the following would not be considered an abnormally dangerous activity, subjecting the person who carries it out to strict liability?

Transmitting gas through a gas pipe.

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?

Under the Third Restatement, the determination of liability is an issue for the factfinder in a lawsuit.

If a statute is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

negligence per se

Under the Third Restatement, possessors of land:

owe the same duty of reasonable care to all entrants on the land except for a category of entrants called "flagrant trespassers."

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.

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

res ispa loquitur

Seventeen-year-old Brice has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign. In most states:

since Brice is engaging in an adult activity, he will be held to the same standard as an adult

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?

Mark must help the girl if he begins to rescue her and increase her danger

Chris was 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 is Chris's best defense to the charge of negligence?

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

Which of the following are activities that give rise to strict liability?

- performing abnormally dangerous activities - selling defective, unreasonably dangerous products -keeping animals

The harshness of the contributory negligence doctrine has been mitigated by:

- the last clear chance rule - comparative negligence - assumption of risk

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

Abnormally risky medical procedures.

As a general rule

any defense to an intentional tort is also available in an action for negligence

Defenses to an action in strict liability include:

express voluntary assumption of risk and in some comparative negligence

The reasonable person standard is:

external and objective

Which of the following is a defense that a defendant could raise in an action based on strict liability?

The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged.

A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit.

Emergency

Which of the following is correct with respect to the reasonable person standard?

- It makes allowance for physical disability - It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience

Chris and Bev just purchased a house and twenty acres. They now have the right to use that property:

- for their own benefit and enjoyment as long as they do so in a reasonable manner - exercising reasonable care to protect others who are not on the property

William, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. If William wants to sue the bottling company for his injuries:

he will probably win if the court allows him to use the res ipsa loquitur doctrine.

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:

invitees, trespasses, or licensees

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered. Then Sally went into the kitchen to make hamburger patties. While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet. In a pure comparative negligence state, who is liable?

Sally is liable for Pat's injuries in proportion to the degree of fault or negligence found against her.

In which of the following situations would a court be likely to find that the witness to the situation had an affirmative duty to act?

Where an airline attendant witnessed one passenger threaten another passenger.

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. In this case:

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