blaw chapter 8

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

a. physical disability b. superior skill or knowledge c. emergency circumstances d. all of the above

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

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

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

a. where the landowner has rigged up a trap to injure anyone coming onto the property without permission b. where a landowner next to a nursery school has an unfenced swimming pool and one of the children falls into the pool

by law, all apartment buildings in New Jersey must have smoke alarms in the ceilings, Mary suffers from smoke inhalation because the smoke alarm in her apartment...

c. 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...

c. it was not foreseeable that the lawn mower would explode

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?

c. joe because of his intentional intervening conduct

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?

c. 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 affirmative action to save someone from peril...

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

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...

d. 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...

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

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

false

res ipsa 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 system, inc. case dealt with the responsibility of the owner or possessor 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

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

ray is informed that his 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