BUS LAW Mindtap CH 9

Jenny asked a neighbor, Tom, to water her flowers while she was on vacation. For three days, Tom did this without incident, but on the fourth day, when he touched the outside faucet, he received a violent electric shock that shot him through the air, melted his sneakers and glasses, set his clothes on fire, and seriously burned him. Tom sued, claiming that Jenny had caused his injuries by negligently repairing a second-floor toilet. Water from the steady leak had flooded through the walls, soaking wires and eventually causing the faucet to become electrified. You are Jenny's lawyer. What is the relevant tort for this scenario? A. Negligence B. False imprisonment C. Defamation D. Intentional infliction of emotional distress

A

Leo is a gun enthusiast, and keeps several in his home. One day, his three year old son, Ernie, finds one of Leo's guns in the master bedroom. Ernie picks up the gun and brings it into the living room where Leo is watching television. Ernie attempts to hand the gun to Leo and accidentally pulls the trigger and shoots Leo in the stomach. Leo survives, and sues the gun manufacturer alleging that the weapon's design was defective. Leo lives in a jurisdiction that applies the consumer expectation test. What result? A. The manufacturer is not liable: the gun is not more dangerous than a reasonable consumer would expect. B. The manufacturer is liable if there were no adverse consequences to an alternate design. C. The manufacturer is liable: a child cannot be expected to safely handle a gun. D. The manufacturer is liable if there is a safer alternative design.

A

Luke and Brad, aged 20 and 24 respectively, are riding their dirt bikes in the Louisiana wilderness. They spot a few good trails on Vince's estate and jump Vince's fence to ride them. Along the way, Luke runs his bike into a defunct well that wasn't visible amidst some bushes, and severely injures himself. Brad takes Luke home and both decide to sue Vince for negligence in maintaining his property without warning signs. Which of the following liability level does Luke pose for Vince? A. Lowest B. Highest C. Mid-level D. Higher

A

Tommie, a six-year-old child, was seriously injured when he stuck a fork into an electrical outlet. His parents sued the restaurant where the incident occurred, claiming it should have had child protective guards on the outlets. Whether the restaurant is liable will be dependent upon whether: A. the incident was reasonably foreseeable. B. waiters have a special duty to children. C. the doctrine of res ipsa loquitur applies. D. This is negligence per se.

A

Which of the following leads to strict liability? A. Ultra-hazardous activity B. False imprisonment C. Defamation D. Trespass

A

A person being on another's property without consent is the tort of_____. A. assault B. trespass C. slander D. intrusion

B

A person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured because of the rule of _____. A. negligence per se B. assumption of the risk C. trespassing D. contributory negligence

B

Angelica buys a can of chicken noodle soup at her local grocery store. She opens the can when she gets home and is very upset to find a dead mouse floating inside the can. Her lawyer suggests suing the chicken noodle soup manufacturer under the doctrine of res ipsa loquitor. What is the most likely reason for her lawyer's suggestion? A. Angelica has suffered genuine harm. B. The facts imply that that manufacturer was negligent. C. Angelica can prove the factual cause of the harm. D. To shift the burden of proof from the manufacturer to Angelica.

B

In which scenario is the court most likely to impose strict liability? A. John is severely injured after trespassing into private property and stepping on an animal trap and sues the owner of the property. B. Jimi is injured when a piano that was being professionally moved via a crane through the third floor of a residence falls on him. C. Jeff sues Build Inc. for injuries he sustained while using its construction site as a practice area for skateboarding. D. Jonathan's lawyer suggests he file a negligence case against the hospital for paralysis of a finger due to suspected improper physiotherapy.

B

Laura, a brain surgeon, committed a negligent act when she ran a red light and injured Randy, a pedestrian crossing the street. Randy was a mentally impaired adult. A. Laura will be held to a higher standard of conduct than Randy given her superior intelligence. B. Both Laura's and Randy's conduct will be based on the "reasonable person" standard. C. The "reasonable person" standard does not apply to Randy since he is mentally impaired. D. The "reasonable person" standard does not apply to Laura nor Randy given their respective degrees of extreme intelligence (one high and one low).

B

Melanie purchases a new Honda motorcycle from the Fast City Motorcycles showroom. Melanie and her cousin then replace the motorcycle's engine with a much more powerful one. Melanie rides the motorcycle out on the highway, the motorcycle stalls in the middle of the highway and Melanie is hit by a truck, causing her serious injury. Melanie sues Honda, alleging that the motorcycle was defective. What is Honda's best defense? A. That manufacturing motorcycles is not an ultra-hazardous activity B. That Melanie and her cousin replaced the engine. C. That Honda is not in privity with Melanie. D. That Honda is not in the business of selling motorcycles, just manufacturing them.

B

One summer, Hiroki buys a SlipNSlide backyard waterslide toy: a twenty foot long, thin sheet of soft plastic, that hooks up to a garden hose to become a slippery waterslide on the user's lawn. Hiroki puts the SlipNSlide on his roof, so that he can waterslide across the top of his house and then plunge over the edge of his roof into his swimming pool two stories below. His first attempt falls flat: he misses the water and lands on the cement surrounding the pool, and breaks both legs. He sues the SlipNSlide manufacturer for failure to warn. What result? A. Hiroki will lose, manufacturers have no duty to warn. B. Hiroki will lose, manufacturers have no duty to warn about obvious dangers. C. Hiroki will lose, manufacturers have no duty to warn about dangers caused by misusing a product. D. Hiroki will win, manufacturers have a duty to warn about foreseeable misuse.

B

Fiona buys a microwave at Darnell's yard sale. The first time she uses it in her kitchen, a negligently manufactured power cord catches fire, and burns her house down. Fiona sues the microwave manufacturer and Darnell alleging that the microwave was defective - what result? A. The court may hold the manufacturer and Darnell strictly liable. B. The court will not hold the manufacturer strictly liable but it may hold Darnell strictly liable C. The court will not hold the manufacturer or Darnell strictly liable. D. The court may hold the manufacturer strictly liable but it will not hold Darnell strictly liable

D

Vera, a college student, is on her University's gymnastics team. One evening after practice has ended, Vera stays alone in the gym and works on back flips on the University's new trampoline. She lands on her neck, and suffers serious injury. Vera sues the trampoline manufacturer. If the court finds that the trampoline was defective: the manufacturer can avoid liability if it demonstrates that it used reasonable care in manufacturing the trampoline. the manufacturer can avoid liability if it demonstrates that Vera was mishandling the trampoline. the manufacturer can avoid liability if it demonstrates that it used extraordinary care in manufacturing the trampoline. the manufacturer can avoid liability if it demonstrates that it sold the trampoline to the University and not to Vera.

B

Which of the following elements is not required in a negligence action? A. legal duty. B. intent. C. causation. D. injury.

B

Alma was shot and severely injured during an armed robbery as she was working as a clerk at Tom's Finger Convenience Store in the Aero Shopping Center. If Alma sues Aero, she probably would: A. recover as strict liability would apply to Aero. B. not recover as she could only sue the robbery suspect. C. recover if she could show other similar acts in the Center. D. not recover as she was contributorily negligent.

C

Arturo drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Arturo sued Vincent. The jury found that Arturo's fault contributed 20 percent to the collision and determined that his total loss was $100,000. Under comparative negligence, the jury should award Arturo: A. $20,000. B. nothing. C. $80,000. D. $100,000.

C

As a prank, a group of students put laundry detergent in a fountain in the town square. The detergent caused a mass of bubbles all around the fountain. Residents notified town officials of the mess but the officials left the area covered in soapy bubbles all afternoon. Chris walked through the bubbles, and slipped and fractured his wrist. Chris sued the town, claiming it was negligent in not cleaning up the mess. The jury finds that Chris is 15% responsible for his injury. Which of the following statements is true? A. If this occurred in a contributory negligence jurisdiction, Chris will recover 85% of the compensatory damages awarded to him. B. If this occurred in a comparative negligence jurisdiction Chris will be prohibited from recovering compensatory damages. C. If this occurred in a contributory negligence jurisdiction, Chris will be prohibited from recovering compensatory damages. D. If this occurred in a contributory negligence jurisdiction, Chris will be able to recover compensatory damages because he is less than 50% responsible for his injury.

C

In Daniell v. Ford, the court found that . . . A. the design of the car's trunk was defective. B. the defendant had a legal duty to warn because the gravity of the danger was extreme, and easily prevented. C. the manufacturer could not reasonably foresee the manner in which the plaintiff used the trunk. D. the car's trunk was designed in a way that was ultra-hazardous.

C

Jones, a 40 year-old, participates in the annual Decathlon Championship for the first time. Halfway through the event, Jones collapses from exhaustion and later suffers health problems due to extensive dehydration. He decides to sue the event holders for negligence. Which of the following is true of the claim? A. Jones's claim holds only if the state he is filing in respects strict liability. B. Jones's claim does not hold since his status is that of an invitee to the event. C. Jones's claim does not hold since he is under assumption of the risk. D. Jones's claim holds since his status is that of a licensee to the event.

C

The Arlmont Police Department (APD) was holding target practice in a quarry in town. Claire is walking her dog nearby, when a bullet from the target practice ricochets off the quarry and hits her in the arm. Claire sues. Which of the following statements is true? A. If the court holds that APD's target practice was ultra-hazardous, Claire will only have to prove negligence. B.If the court holds that APD's target practice was not ultra-hazardous, Claire will only have to prove that she was injured by APD. C. If the court holds that APD's target practice was ultra-hazardous, Claire will only have to prove that APD caused her injury. D. If the court holds that APD's target practice was not ultra-hazardous, Claire will not have to prove negligence.

C

The legal theory of contributory negligence: A. is in effect in the majority of states throughout the nation. B has been criticized as rewarding a plaintiff for being careless. means that, even assuming the defendant is negligent, if the plaintiff C. is even slightly negligent, the plaintiff recovers nothing. D. allows the negligent plaintiff to recover if he was responsible for less than 50 percent of his injury.

C

Which of the following is a defense for a seller in case of defective product liability? A. That the seller and the buyer had no privity B. That the product did not meet reasonable customer expectations C. That the seller normally does not sell the specific product D. That the seller used reasonable care when manufacturing the product

C

A business will incur strict liability for damages resulting from: A. using harmful chemicals. B. operating explosives. C. a defective product manufactured or sold by the business. D. All of these.

D

A landowner has the highest liability for injuries when _____ are injured on the landowner's property. A. trespassing adults B. licensees C. trespassing children D. invitees

D

Elliot and Barnaby are professional heavyweight boxers, and rivals to be the best in the country. During the championship boxing match against one another, Barnaby picks up some scissors that his trainer has by the side of the boxing ring, and stabs Elliot in the shoulder. Elliot is badly injured, and sues. Barnaby's lawyer argues that boxing is a violent sport and Elliot assumed the risk of injury when he agreed to the boxing match with Barnaby. Which of the following statements is true? A. Boxing is a dangerous competitive sport so Elliot and Barnaby owe each other a heightened duty of care. B. Boxing is considered a dangerous sport, Elliot assumed the risk of injury when he agreed to the boxing match. C. Boxing is ultra-hazardous, so Barnaby will be strictly liable for Elliot's injuries. D. Stab wounds are not risks inherent to boxing, so Elliot did not assume the risk of that particular injury.

D

Jenny asked a neighbor, Tom, to water her flowers while she was on vacation. For three days, Tom did this without incident, but on the fourth day, when he touched the outside faucet, he received a violent electric shock that shot him through the air, melted his sneakers and glasses, set his clothes on fire, and seriously burned him. Tom sued, claiming that Jenny had caused his injuries by negligently repairing a second-floor toilet. Water from the steady leak had flooded through the walls, soaking wires and eventually causing the faucet to become electrified. What is the one (and only one) element of negligence law that will allow Jenny to win her case in a move for summary judgment? A. There was no breach B. There was no damages C. There was no Duty of Due Care owed D. There was no Proximate cause (foreseeability)

D

Jenny asked a neighbor, Tom, to water her flowers while she was on vacation. For three days, Tom did this without incident, but on the fourth day, when he touched the outside faucet, he received a violent electric shock that shot him through the air, melted his sneakers and glasses, set his clothes on fire, and seriously burned him. Tom sued, claiming that Jenny had caused his injuries by negligently repairing a second-floor toilet. Water from the steady leak had flooded through the walls, soaking wires and eventually causing the faucet to become electrified. You are Jenny's lawyer. Under which area of the law would the cause of action arise: Criminal Law Statutory Law Constitutional Law Tort Law

D

Roger climbs onto the arm of his living room sofa as he hangs a picture on the wall. The arm rest is narrower than he anticipates, and he loses his balance and cracks his skull on the floor. He sues the sofa manufacturer. Upon which claim is Roger most likely to win: A. Negligent design. B. Defendant was engaged in an ultra-hazardous activity. C. Negligent manufacture. D. Failure to warn.

D

Under _____, if the plaintiff is even slightly negligent, she recovers nothing. A. vicarious negligence B. comparative negligence C. foreseeable negligence D. contributory negligence

D

What are all the elements of negligence? A. Breach, Factual Cause, Proximate Cause, Damages B. Duty of Due Care, Breach, Proximate Cause, Damages C. Duty of Due Care, Factual Cause, Proximate Cause, Damages D. Duty of Due Care, Breach, Factual Cause, Proximate Cause, Damages

D

Which of the following approaches to negligence results in the plaintiff not being able to recover anything if the plaintiff is found even slightly negligent? A. Comparative negligence per se B. Complete negligence C. Comparative negligence D. Contributory negligence

D

While mowing her lawn, Brianna gets three fingers chopped off by the metal blades of her mower. She sues GrassSlice, the manufacturer. At trial, her lawyer proves that, for the same price, GrassSlice could have designed and manufactured mowers with plastic blades that were harmless to human hands. Under the risk-utility test, the court will also consider: A. the monetary value of the mower. B. all of these. C. if the mower was less safe than a reasonable consumer would expect. D. the likelihood of injuries like Brianna's.

D

An individual will not be liable in strict liability if they can establish that they exercised reasonable care. True or False?

False

Strict liability may be incurred by a business because of engaging in ultra-hazardous activity or because of producing a defective product. True or False

True