ACCT Ch. 9

What are Damages?

A compensable loss suffered by the plaintiff

In a strict liability case, a defendant is liable if the plaintiff can show the activity (1) involves a risk of serious injury or harm to others, (2) is so inherently dangerous that it cannot ever be safely undertaken, and (3) is not normally undertaken: Blank______. Multiple choice question. by employees during the day in the community by students

c

What is Causation?

The plaintiff's harm was a direct result of the defendant's breach of duty and its proximate cause of the harm

What is Duty?

The standard of care a reasonable person owes to another

If a defendant's breach of duty is the actual cause of a plaintiff's injury, this is known as Multiple choice question. contributory cause. proximate cause. cause in fact. comparative cause.

c

What is Breach of Duty?

Failure to meet the standard of care

A grocery store had just had one of its employees mop up some spilled milk. The floor was wet, and the employee put several cones around the wet floor with a tape surrounding the perimeter of the wet floor. There were several signs specifically warning customers that the floor was wet and slippery. One irate customer stepped over the tape and entered the zone that was taped off. Sure enough, he slipped and fell to the floor, suffering a broken arm. The customer sued the store for negligence. The best defense for the store is: Blank______. Multiple choice question. assumption of the risk danger invites rescue the dram shop act consent

a

A pharmacist became addicted to the narcotic drugs Percocet and Vicodin. As a result, the pharmacist failed to measure the compounds of the prescriptions that he was filling. He contaminated many of the prescriptions with lethal overdoses of some of the compounds, causing several deaths. We call the pharmacist's extreme reckless disregard for the life of his clients: Blank______. Multiple choice question. gross negligence strict liability an intentional tort negligence per se

a

An airplane runs off a runway and into a river because of the negligence of the airline. Some bystanders observe the crash and jump into the water to help save crash survivors. If any of the bystanders are injured while attempting to save the survivors, under which doctrine can the court hold the airline liable for their injuries? Multiple choice question. The danger invites rescue doctrine The forum non conveniens doctrine Negligence per se Res ipsa loquitur

a

Dr. Casey was treating a patient and prescribed a medication for her to take. He failed to check on the patient's current medications and whether those medications would have a detrimental effect if his patient took the prescribed drug. Had Dr. Casey bothered to check, he would have seen that his prescription would have a dangerous interaction with a drug that he had prescribed earlier to his patient. As it turned out, his patient did suffer from respiratory failure as a result of his carelessness. His patient sued him for his breach of duty of care to her. When a professional breaches his duty of care to another, it is known as: Blank______. Multiple choice question. malpractice an intentional tort strict liability res ipsa loquitor

a

If any bystanders are injured while attempting to rescue victims injured by the defendant's negligence, many courts hold the defendant liable for their injuries under what is known as the Blank______ doctrine. Multiple choice question. danger invites rescue contributory negligence attractive nuisance comparative negligence

a

The four questions a court considers to determine whether a reasonable person would have owed a duty to others include all of the following except: Blank______ Multiple choice question. how intentional was the harm? what costs would have been necessary to reduce the risk of harm? how socially beneficial was the defendant's conduct that posed the risk of harm? how likely was it that the harm would occur?

a

The standard that is a measurement of the way members of society expect an individual to act in a given situation is known as: Blank______. Multiple choice question. a reasonable person standard the subjective plaintiff standard a standard of pro se the ideal person standard

a

Which of the following is the term for negligence by a professional who ignored the generally accepted principles in his or her field of expertise? Multiple choice question. Malpractice Misappropriation Res ipsa loquiter Negligence per se

a

______ cause is sometimes referred to as legal cause. Multiple choice question. Proximate Res ipsa Last Clear Chance Actual

a

Which of the following doctrines are created to help a plaintiff when there is no direct evidence of negligence? (Check all that apply.) Multiple select question. Negligence per se Res ipsa loquitur The reasonable person standard The last-clear-chance doctrine

a, b

A case of negligence was decided by a jury where the jury found that the defendant was 30% at fault for the plaintiff's injuries. In a pure comparative negligence jurisdiction, the plaintiff will recover: Blank______. Multiple choice question. nothing incorrect 30% of the damages 100% of the damages 70% of the damages

b

It was an extremely hot day in New York City. Kara was standing in a subway car when, suddenly and without warning, she suffered a fainting spell causing her to collide with a fellow passenger, who in turn fell and sprained his ankle. Is Kara liable for the damages to the passenger? Multiple choice question. Yes, because a passenger was harmed because of her actions. No, because this was an unfortunate accident, and thus Kara will not be liable for any damages she caused. Yes, because it was Kara's fault that she fainted, and she must be held liable for any resulting damages. No, because the fault lies with the subway authority for requiring patrons to stand in a moving vehicle.

b

John was texting on his phone, while driving down the highway. Because he was not paying attention to his driving, he veered out of his lane and crashed into the car in the adjacent lane. The driver of the second car was pushed into a third car. All of the drivers suffered injuries. The driver of the third car sued John for damages. The reason why the court will find in favor of the third driver is because John was the Blank______ cause of the third driver's injuries. Multiple choice question. unrelated proximate direct superseding

b

Negligence is behavior that creates a(n) Blank______ risk of harm to others. Multiple choice question. proof beyond reasonable doubt unreasonable articulable appreciable

b

Norm was sitting in a bar for approximately 4 hours, drinking heavily. The bartender at the bar kept serving alcohol to an obviously intoxicated Norm. Norm got into his car and crashed into another car, injuring the driver and the passengers. The driver and passengers sued the bar owner and were successful due to a state statute which holds bar owners liable for injuries resulting from an intoxicated patron of the bar. Such a statute is known as: Blank______. Multiple choice question. the barkeeper's credo a dram shop act res ipsa loquitor negligence per se

b

Philip was driving his car and failed to see a stop sign. He hit a car driven by Oscar. Oscar was not wearing his seatbelt at the time of the crash, and thus sustained more serious injuries than he would have had if he had been wearing his seatbelt. The court found that both parties were negligent. If this was a contributory negligence jurisdiction, Oscar would be able to recover: Blank______. Multiple choice question. only the damages caused by Oscar nothing only the damages that were the responsibility of Philip any and all damages

b

True or false: Molly is a waitress at the local diner. She is carrying a heavy tray full of very hot food. While she is carrying the tray, she suffers a heart attack and drops the tray burning a customer as she falls. Molly's actions are an example of negligence. True false question.TrueFalse

b

When someone is harmed by an incident that simply could not be avoided, even with reasonable care, this is known as: Blank______. Multiple choice question. negligence per se an unfortunate accident assault negligence

b

Which of the following is a defense accepted in some states whereby the defendant is not liable for the percentage of harm that he or she can prove can be attributed to the plaintiff's own negligence? Multiple choice question. A strict liability defense A pure comparative negligence defense A last-clear-chance defense A qualified comparative negligence defense

b

Which of the following is proven when a defendant's violation caused a plaintiff to suffer from a type of harm that a statute or regulation was created to prevent? Multiple choice question. Res ipsa loquitur Negligence per se Contributory negligence Comparative negligence

b

______ cause is also known as cause in fact. Multiple choice question. Proximate Actual Contributory Res ipsa loquitur

b

Courts consider the following factors in attempting to determine whether a reasonable person would have owed a duty to others: How socially beneficial was the plaintiff's conduct that posed the risk of harm? What costs would have been necessary to reduce the risk of harm? How serious was the harm? How likely was it that the harm would occur?

b, c, d

A pilot had been drinking before he reported for duty at a major commercial airline. He was still intoxicated at the time he flew a plane full of passengers in bad weather. As a result of his intoxication, he failed to notice a warning light on the control panel and the plane had to make a violent emergency landing. The failure of the pilot to fly the plane sober is a breach of : Blank______. Multiple choice question. strict liability causation duty res ipsa loquitur

c

A plaintiff has filed a negligence claim in a contributory negligence jurisdiction. The court ruled that the plaintiff did contribute to his or her own injuries. The doctrine that would still allow the plaintiff to recover damages is known as the Blank______ doctrine. Multiple choice question. conditional negligence danger invites rescue last-clear-chance dram shop

c

Craig had a large oak tree which was beginning to die. Even though Craig knew the tree was dying and could cause damage if it fell over, he did nothing to cut it down. One night, a tornado came barreling through town. The winds were so intense that the storm caused the oak tree to fall on Craig's neighbors' house, causing significant damage to the roof. The tornado in this case can be considered as Blank______ cause of the harm. Multiple choice question. a comparative the primary the superseding a punitive

c

Darcy sued Tony for negligence in a modified comparative negligence jurisdiction. A judge ruled that Darcy was 55% at fault for her own injuries. Darcy will be able to recover: Blank______. Multiple choice question. 45% of her damages 100% of her damages nothing 55% of her damages

c

In the modified comparative negligence, the plaintiff can recover damages Blank______. Multiple choice question. only if the plaintiff can prove that defendant is more than 25 percent at fault regardless of whether the plaintiff contributed to the negligence if the defendant is more than 50 percent at fault regardless of whether the defendant contributed to the negligence

c

One type of defense to a negligence claim is when the defendant proves that the plaintiff voluntarily and unreasonably encountered the actual harm that the defendant allegedly caused. This is known as: Blank______. Multiple choice question. comparative negligence contributory negligence assumption of the risk danger invites rescue

c

Punitive damages are also known as Blank______ damages. Multiple choice question. compensatory nominal exemplary equitable

c

The element of negligence that best describes the relationship between a parent and a minor child is known as: Blank______. Multiple choice question. res ipsa loquitor breach of duty duty of care causation

c

Which of the following is sometimes referred to as legal cause? Multiple choice question. Strict liability Cause in fact Proximate cause Actual cause

c

Which of the following literally means "negligence in or of itself?" Multiple choice question. Comparative negligence Contributory negligence Negligence per se Res ipsa loquitur

c

A Blank______ cause is an unforeseeable event that interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered. Multiple choice question. distant proximate presumptive superseding

d

A hunter carelessly shoots in the general direction of a sound in the woods. Instead of a deer, the hunter has shot his friend. The hunter's gunfire: Blank______. Multiple choice question. was not a breach of duty would not be considered as contributing to the friend's injury was not the cause of the friend's injury was the causation of the friend's injury

d

A plaintiff can sue for Blank______ to help compensate for losses that result from the defendant's negligence. Multiple choice question. criminal intent criminal negligence an injunction damages

d

A state law requires that attorneys must treat their clients' payments appropriately by placing them in a separate client account and sending the clients a report of their accounts. These legal requirements are regarded as: Blank______. Multiple choice question. strict liability negligence res ipsa loquitor a duty of care

d

Amy was walking by a pond when she happened to notice Ted floating unconscious in the water. Amy dove in and managed to pull Ted to the shore. His heart had stopped, and Amy began to administer CPR. Ted was revived, but the CPR that Amy had administered resulted in a broken rib. Ted sued Amy for damages, but he did not collect anything due to a statute which was designed to protect people who engaged in selfless and courageous behavior in the aid of others. Such a statute is called a(n):Blank______. Multiple choice question. Danger Invites Rescue law Heroic Acts law Statute of Selfless Heroism Good Samaritan statute

d

Dr. Pierce failed to scrub his hands before entering the surgical suite. If his patient gets an infection, Dr. Pierce has Blank______ his duty of care. Multiple choice question. aggravated neutralized mitigated breached

d

If a plaintiff has sustained compensable injuries caused by the defendant's negligence, the plaintiff can sue for: Blank______. Multiple choice question. nothing the defendant's incarceration strict liability damages

d

Nancy had some surgery on her lungs. After the surgery, she had great discomfort in her chest and trouble breathing. She went back to her doctor who took some x-rays of her chest. The x-ray showed that a surgical instrument had been left in her chest. Nancy can sue her surgeon pursuant to the doctrine of: Blank______. Multiple choice question. proximate cause strict liability intentional tort res ipsa loquitur

d

Res ipsa loquitor and negligence per se are designed to help plaintiffs sue for negligence when there are no witnesses to the conduct or where evidence of the negligence is destroyed. These types of negligence are known as: Blank______. Multiple choice question. defendant's doctrines special doctrines contributory negligence doctrines plaintiff's doctrines

d

Suppose that in a negligence case, the jury determines that the defendant was 99 percent responsible for the plaintiff's injuries due to his negligence, and that the plaintiff was 1 percent responsible for her own injuries due to her personal negligence. The jury further determines that the plaintiff's damages amount to $100,000. In a contributory negligence jurisdiction, how much would the plaintiff recover from the defendant? Multiple choice question. $99,000, since this amount accounts for the fact that the plaintiff was 1 percent responsible for her own harm $100,000, since the plaintiff's negligence is irrelevant in a contributory negligence jurisdiction $100,000, since the plaintiff's negligence was slight compared to the defendant's negligence Nothing

d

The Blank______ allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final opportunity to avoid the action that injured the plaintiff. Multiple choice question. equal footing doctrine forum non conveniens doctrine danger invites rescue doctrine last-clear-chance doctrine

d

The Palsgraff v Long Island RR Co case is one of the most well-known cases addressing the issue of Blank______. Multiple choice question. res ipsa loquitur breach of duty gross negligence proximate cause

d

The four elements of a negligence case are (1) duty, (2) breach of duty, (3) causation, and (4): Blank______. Multiple choice question. strict liability mens rea intent damages

d

The reasonable person standard is a measurement of the way members of society should act in a given situation. The two things that are used to determine a defendant's duty of care is the degree of care and Blank______ that a reasonable person would exercise under similar circumstances. Multiple choice question. mens rea actus reus neglect skill

d

Tom was in charge of the demolition of a large high-rise building. The blasting was to take place the next day and in preparation for the blast, Tom had moved all of the explosives to the site. The explosives were stored under lock and key in a trailer used by the demolition crew. That night there was a horrible storm and a bolt of lightening struck the trailer, setting off the explosives. The trailer was blown up and shards of the trailer were sent flying for miles. One of the shards struck a pedestrian five blocks from the blast causing some serious lacerations. The pedestrian sued the demolition company for negligence. The best defense of the demolition company is: Blank______. Multiple choice question. assumption of the risk strict liability contributory negligence superseding cause

d

Which of the following are the most frequently awarded damages? Multiple choice question. Punitive Nominal Liquidated Compensatory

d

Which of the following is not required to establish res ipsa loquitur in most states? Multiple choice question. The indicated negligence is within the scope of the defendant's duty to the plaintiff. Other responsible causes, including the conduct of third parties and the plaintiff, have been sufficiently eliminated. The event was a kind that ordinarily does not occur in the absence of negligence. The defendant's intent to cause harm is established by a preponderance of the evidence.

d

______ damages are intended to reimburse a plaintiff for his or her loss of the benefit of the bargain. Multiple choice question. Nominal Equitable Punitive Compensatory

d

______ laws hold that people in peril, who receive voluntary aid from others, cannot hold those offering aid liable for negligence. Multiple choice question. Assumption of the risk Strict liability Superseding cause Good Samaritan

d

bigail was suing Gregory for injuries she sustained when Gregory negligently ignored the stop signal and ran into Abigail with his car. In his defense, Gregory pointed out that Abigail ignored the "Don't Walk" sign and crossed the street. If Gregory can show Abigail was 10% at fault for her own injuries in a contributory negligence jurisdiction, Abigail would: Blank______. Multiple choice question. be able to collect all the damages she can prove resulted from the accident be able to collect all damages she can prove resulted from the accident, minus 10% be able to collect 50% of the damages she can prove resulted from the accident not be able to collect any damages

d

_______ _______ _______ refer to the laws that make bar owners and bartenders liable for the acts of individuals who become intoxicated at the bar.

dram shop acts

______ _________ is liability without fault

strict liability