Business Law 1 - MindTap Chapter 4-3 Worksheet: Unintentional Torts (Negligence) & Strict Liability

Contributory negligence

A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. No matter how insignificant the plaintiff's negligence was relative to the defendant's negligence, the plaintiff is precluded from recovering any damages.

Comparative negligence

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.

An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event. a. True b. False

a. True

The difference between intentional torts and torts involving negligence is that, in torts involving negligence, the tortfeasor does NOT wish to bring about the consequence of the act, nor does she or he believe it they will occur. a. True b. False

a. True

Under the doctrine of res ipsa loquitur, the defendant has the burden to prove that she or he was not negligent. a. True b. False

a. True

Under the doctrine of strict liability, liability for injuries is imposed for reasons other than fault: a. True b. False

a. True

Which of the following is NOT an element of negligence? a. intent b. duty c. breach d. causation e. damages

a. intent

Assumption of risk does NOT require: a. seeking out the riskiest activities b. knowledge of the risk c. voluntary assumption of the risk

a. seeking out the riskiest activities

An attorney's conduct is judged by the reasonable person standard. a. True b. False

b. False

The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act. a. True b. False

b. False

You accidentally bump into someone on the sidewalk and that person falls but is unharmed. Nonetheless, that person usually can successfully sue you for damages. a. True b. False

b. False

Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc., unreasonably violated its standard duty of care? a. Yes, because Cooktop placed no warnings about the possibility of being burned. b. No, because stoves get hot and some people get burned when they are careless. c. No, because Cooktop disclaimed all liability for accidents.

b. No, because stoves get hot and some people get burned when they are careless.

Which of the following questions does a court NOT ask to determine whether the requirement of causation is met? a. Is there causation in fact? b. Was there intent? c. Was the act the proximate cause of the injury?

b. Was there intent?

Those who enter retail premises are called business __________. Storeowners must warn business invitees of __________ risks. A landowner has a duty to discover and remove any __________ dangers to customers or other invitees. When risks are __________, owners need not warn of them.

invtiees foreseeable hidden obvious

Which of the following situations is arguably not an appropriate application of strict liability? a. keeping wild animals b. blasting with dynamite c. storing toxic chemicals d. shipping storage containers

d. shipping storage containers

Negligence __________ may occur if an individual violates a statute or ordinance and thereby causes the kind of harm that the statute was intended to prevent. __________ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations. __________-shop acts impose liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.

per se Good Samaritan Dram