Bus Law Ch 9
Virtually all persons are legally required to be careful when they engage in an action that could foreseeably hurt another.
T
While at work, professionals must act as a reasonable person in their profession would under similar circumstances; otherwise, they could be liable for negligence.
T
A landowner has a duty of reasonable care for the safety of all invitees.
True
The assumption of risk doctrine states that:
a person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured.
When a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people, and a violation of the statute injures a member of that group, the defendant has:
committed negligence per se.
California was a __________ state from about 1850 until 1975, but is not any longer.
contributory negligence
Which of the following terms and expressions means "products that are made or sold in a defective condition unreasonably dangerous to the consumer or his property"?
defective products
Landowners' highest duty is to:
invitess
Which of the following terms and expressions means "a legal doctrine which allows a court to assume that a duty was owed by the defendant, breached by the defendant, and was a foreseeable cause of the plaintiff's harm if the harm was caused by an act that is prohibited by statute"?
negligence per se
The 1863 case of Byrne v. Boadle is an early application of the doctrine of:
res ipsa loquitur.
In the case of Resnick v. AvMed, Inc., the U.S. Court of Appeals for the 11th circuit __________ the trial court's decision for the defendant.
reversed and remanded
Which of the following terms and expressions means "The imposition of tort liability on a party without any need for the plaintiff to prove duty, breach of duty, or proximate cause. The claimant need only prove that harm occurred, and that the defendant's activities were the factual cause of that harm."?
strict liability
Res ipsa loquitur is Latin for:
the thing speaks for itself.
Which of the following terms and expressions means "a person on another's property without consent"?
trespasser
Landowners' lowest duty is to:
trespassing adults
If a landowner is irritated at their neighbor for repeated trespassing, and so rigs a booby trap which the neighbor triggers while trespassing, producing injury, they __________ for the neighbor's injuries.
will be liable
When no special relationship is present, what is the two-part test for duty of due care?
1. did defendant engage in an action 2. could defendant have reasonably foreseen injury to someone like the plaintiff as a result of this action
In a comparative negligence state, a plaintiff who is 30% responsible for her own injury will receive an award of money damages equal to _____ of her damages.
70%
The earliest known appearance of the doctrine of contributory negligence is:
Butterfield v. Forrester (King's Bench, 1809).
In the case of Truong v. Nguyen (California Court of Appeals, 2007), the defendants moved for summary judgment on the grounds that Rachel had assumed the risks of riding on a jet ski. The trial court __________ that motion, and and the California Court of Appeals __________.
granted; affirmed
Which of the following terms and expressions means "a person who has a right to enter another's property because it is a public place or a business open to the public"?
invitee
For the purposes of determining a landowner's duties, a social guest is treated as a type of:
licensee
Which of the following terms and expressions means "a person on another's land for her own purposes but with the owner's permission"?
licensee
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 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. Under these facts, Jenny would be found ______ for Tom's injuries.
not liable
Which of the following terms and expressions means "a legal doctrine which allows a court to assume, under certain conditions, that a duty was owed by the defendant, breached by the defendant, and was a foreseeable cause of the plaintiff's harm"?
res ipsa loquitur
If a landowner has a wooden dock extending out onto a lake that he doesn't use anymore because the boards are rotten and unsafe, and throws a birthday party on his property to which he invites fifty guests, and doesn't place a warning sign at the entrance to the dock nor rope- or board- off the entrance to the dock, and someone ventures onto the dock and hurts themselves, he __________ be liable for their injuries.
will
If a landowner has a wooden dock extending out onto a lake that he doesn't use anymore because the boards are rotten and unsafe, and throws a birthday party on his property to which he invites fifty guests, and does place a warning sign at the entrance to the dock plus ropes-off the entrance to the dock, and someone ventures onto the dock and hurts themselves, he __________ be liable for their injuries.
will not
If you trespass in a construction zone and are injured, you probably __________ be able to recover for your injuries.
will not
In the 1863 case of Byrne v. Boadle, the court ruled that Mr. Boadle __________ have to pay for Mr. Byrne's injuries.
would
In the context of understanding when professionals have special duties to their clients, when we say professionals we generally mean persons in professions for which a license is needed to legally practice, such as doctors, lawyers, accountants, electricians, and airline pilots.
T
Part of the Arizona Supreme Court's reasoning for reversing and remanding the trial court's granting of summary judgment for the defendants in the case of Hermandez v. Arizona (1994) was that this is a negligence per se case.
T
Some persons have special duties to others. Examples include businesses, parents, and teachers. Under some circumstances, inaction by these persons will make them liable for negligence.
T
Sometimes a warning is considered sufficient effort on the part of the landowner to protect invitees, such as posting a warning that a beach has frequent riptides, but business owners usually have a duty to do more than just warn.
T
The most common test for whether the defendant breached his duty in a negligence lawsuit is "Did the defendant behave in the way a reasonable person (with similar training) would have under similar circumstances?"
T
Examples of ultrahazardous activities include: [Select all that apply.]
The manufacturing or storage of flammable, explosive, or poisonous chemicals. The transportation of flammable or explosive chemicals. Blasting (The use of dynamite in construction.) Keeping wild animals, such as wolves, lions, or snakes.
Which case we learned in chapter 6 was based on the following facts? Two watercraft, each carrying a driver and a passenger, collided on Coyote Lake. Rachel Truong, one of the passengers, was killed. Her parents sued the three survivors for negligence.
Truong v. Nguyen (California Court of Appeals, 2007)
Which of the following are among the classes of business activity that incur strict liability under tort law? [Select all that apply.]
Ultrahazardous activities The manufacture and sale of defective products.
A landowner is usually liable to invitees for failure to make a reasonable effort to protect, even for dangers the owner knows nothing about.
T
An an example of a situation in which a warning is not considered sufficient protection for invitees is when there is a liquid spill on a linoleum floor inside a coffee shop or grocery store.
T
If you use a firearm, you have a duty under the common law of negligence to be reasonably careful not to hurt anyone.
T
In the case of Hernandez v. Arizona Board of Regents Arizona Supreme Court (1994), the Arizona Supreme Court reversed and remanded the trial court's granting of summary judgment for the defendants.
T
In the case of Hernandez v. Arizona Board of Regents Arizona Supreme Court (1994), the trial court granted summary judgment for the defendants.
T
Which of the following are among the things a business owner of a retail store would have to do to avoid liability for a slip and fall injury if there is a liquid spill on a linoleum floor in their store? [Select all that apply.]
Clean up each spill within a reasonable time after discovery. Place a warning sign within a reasonable time after each spill is discovered. Inspect the store frequently enough to discover all liquid spills within a reasonable time.
__________ doctrine states that if a plaintiff is even slightly negligent in exposing herself to danger, she shall recover nothing for the negligence of the defendant.
Contributory negligence
Landowners owe a duty to warn licensees of hidden dangers that the owner knows nothing about.
False (Landowners owe a duty to warn licensees of hidden dangers that the owner is aware of only. He has no duty to warn them of dangers he knows nothing about, even if they are hidden.)
If a patient dies on the operating table in an emergency room, and the physician followed normal medical procedures at every step of the way and acted with reasonable speed, the physician will still be found liable for negligence even though he did everything reasonably possible to save him, because doctor's are held to a very high standard.
F
If you see a baby carriage rolling toward a cliff with a baby in it, you have a duty under the common law of negligence to put your hand out and stop the carriage from rolling over the cliff, regardless of who the baby carriage belongs to.
F
In the case of Hernandez v. Arizona Board of Regents Arizona Supreme Court (1994), the intermediate court of appeals reversed and remaned the trial court's granting of summary judgment for the defendants.
F
Virtually all persons will be found liable for negligence if a person in their presence needs help and they fail to act to protect that person.
F
The moment the California Supreme Court announced its decision in Li v. Yellow Cab (1975), California went from being a comparative negligence state to being a contributory negligence state.
F (California went from being a contributory negligence state to being a comparative negligence state in that moment)
Landowners owe a duty to warn licensees of obvious dangers.
F (landowners owe a duty to warn licensees of hidden dangers only - not obvious ones)
Who won the case of Daniell v. Ford, the summary for which is found on page 232 of chapter 9?
Ford
A man who had just robbed a bank got into Fred's taxi, pointed a gun at Fred, and ordered Fred to get away as quickly as possible. Fred sped several blocks, passing through two red lights, then was forced to stop by stopped traffic ahead. While the robber was distracted looking out the back window, Fred snuck out of his taxi, but he forgot to put the taxi in "Park" and set the parking brake. The taxi inched forward at 4-5 miles per hour and hit a woman and her two children in a crosswalk. The woman sued Fred for negligence. Under these facts:
Fred is not liable for negligence.
A plaintiff who claims they were injured by their use of a product can argue any of these: [Select all that apply.]
Negligence (a tort theory requiring proof of duty owed and duty breached) Breach of warranty (a type of breach of contract lawsuit, since the warranty terms are among the contract terms the seller has agreed to) Defective product (a tort theory imposing strict liability on the manufacturer)
A defendant engaging in an ultrahazardous activity is __________ liable for any harm that results.
almost always
In the case of Cole v. Quirk (Massachusetts Appellate Division, 2001), the trial court granted a motion for summary judgment for the defense:
and the Massachusetts Appeals Court affirmed that decision.
If you trespass in a construction zone and are injured, the court will likely apply the doctrine of __________ to your case.
assumption of risk
What are the five required elements of the tort of negligence?
duty of due care breach of that duty factual cause of the harm proximate cause of the harm damages aka injury
A medical malpractice lawsuit is a kind of:
negligence lawsuit.
In the case of Palsgraf v. Long Island Railroad (New York Court of Appeals, 1928), the railroad was found __________ for Ms. Palsgraf's injury.
not liable
