Module 2: Chp 8

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. If she runs into Arnie's car as a result: a. Arnie's contributory negligence will prevent his recovery from Beth in all jurisdictions. b. because both parties were negligent, in a state that follows the comparative negligence doctrine, both parties will share the liability for their injuries. c. Beth had the last clear chance to avoid the accident and will bear legal responsibility for it. d. Arnie has assumed the risk of the accident

b

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. Barb trips over the clutter and breaks her leg. What standard of care does the store have toward Barb under the circumstances? a. None, because she came to the store voluntarily. b. Because Barb is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover. c. Because she is a public invitee, the store must warn her of hazards of which the store knows but which Barb is not likely to recognize. d. The store owes her a duty of only ordinary care, because she is a trespasser.

b

If Janice, while driving her car, carelessly runs into Paul, a pedestrian who is crossing the street within the crosswalk, Janice is liable in negligence for: a. offensive contact if her side mirror brushes against Paul, even if there are no physical injuries to him. b. physical injuries Paul sustains from the collision because Janice's negligent conduct proximately caused harm to a legally protected interest. c. offensive contact if her car touches Paul's coat, even if there is no damage to the coat. d. All of the above

b

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. Henry's best argument against liability to Bob would be: a. the damage was not caused by the leaf but by the gasoline. b. the gasoline in the lawn mower is a superseding cause of the damage. c. it was not foreseeable that the lawn mower would explode. d. the leaf was not a substantial factor in causing the damage.

c

A form of strict liability applies to all except which of the following situations? a. Abnormally risky medical procedures. b. A fireworks factory that blows up and injures townspeople and their property. c. A lawnmower sold in a defective condition that injures its owner. d. A herd of goats that walk onto a neighbor's property and trample and eat the neighbor's roses.

a

By law, all apartment buildings in New Jersey must have smoke alarms in the ceilings. Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed. To win a negligence action against the building owner, Mary would have to prove: a. injury and causation b. a breach of that duty c. a duty existed toward her d. that the law exists

a

Which of the following must the plaintiff prove in an action for negligence? a. Injury. b. A reasonable person. c. All of the above. d. Res ipsa loquitur.

a

Which of the following are activities that give rise to strict liability? a. Keeping animals. b. Performing abnormally dangerous activities. c. Selling defective, unreasonably dangerous products. d. All of these are correct.

d

A defendant will be liable for all harm that can be traced back to the defendant's negligence. true/false

false

A licensee for purposes of tort law is a person invited upon land as a member of the public or for a business purpose. true/false

false

If a raccoon gets loose from a cage and harms someone, the owner can escape liability by showing that he took great care to keep the animal confined. true/false

false

Res ipsa loquitur makes it easier for the defendant to prevail in a negligence action. true/false

false

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

As a general rule: a. if a plaintiff has established by a preponderance of the evidence all the required elements of a negligence action, the plaintiff will automatically recover damages. b. any defense to an intentional tort is also available in an action for negligence. c. the defenses available to intentional torts and negligence are interchangeable. d. more defenses are available for intentional torts than are available in negligence cases.

not a??

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

res ipsa loquitur

If a person's 150-pound sheep 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. true/false

true

In most of the states, a sixteen-year-old who drives a car will be held to the same standard of care as an adult for purposes of determining negligence. true/false

true

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/false

true

The plaintiff must prove that the defendant's negligent conduct proximately caused harm to a legally protected interest in order to have a valid negligence action. true/false

true