Ch 8 Negligence Quiz

Question 6 The duty of a possessor of land to persons who come on the land usually depends on whether those persons are: a. invitees, trespassers, or licensees. b. reasonable persons. c. fiduciaries. d. involved in abnormally dangerous activities.

a. invitees, trespassers, or licensees.

Question 7 Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding," by prohibiting car owners from leaving the keys in their car if the car is unattended, is likely to be characterized as: a. negligence per se. b. res ipsa loquitur. c. contributory negligence. d. assumption of risk.

a. negligence per se.

Question 1 The elements of common-law negligence include a. (1) a meeting of two people, (2) where one person intends harm, and (3) harm occurs. b. (1) a legal duty owed by one person to another, (2) breach of that duty, and (3) damages proximately caused by the breach. c. (1) premeditation of intent to commit harm, (2) the carrying out of the plan, and (3) harm occurs. d. (1) scienter, (2) duty, and (3) intent.

b. (1) a legal duty owed by one person to another, (2) breach of that duty, and (3) damages proximately caused by the breach.

Question 14 Assume Frank violates a statute which is intended to protect restaurant patrons from food poisoning by requiring restaurant owners to install special refrigeration equipment. Frank may be sued under a standard of care based upon this statute if: a. Alice, a patron, falls down a poorly lit staircase on his way to the salad bar b. Barry, a patron, becomes violently ill after eating tainted (bad) chicken salad c. Claudia, a patron, chokes on a chicken bone which was in her fruit salad d. Diane, a waitress, dies after eating tainted chicken salad

b. Barry, a patron, becomes violently ill after eating tainted (bad) chicken salad

Question 2 Ruby, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Ruby had no way of knowing what it contained. The collision caused an explosion, which shattered glass in a building a block away. The glass injured Ida, who was working inside the building. John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion. In this case: a. Ruby's negligent driving is the proximate cause of Ida's injury. b. Ruby's negligent driving is the proximate cause of John's injury. c. both Ida and John are within the zone of danger of the collision. d. the driver of the explosive truck is contributorily negligent because the truck should have been marked.

b. Ruby's negligent driving is the proximate cause of John's injury.

Question 13 Margie negligently drives her car into Nancy who is crossing against the light. Nancy sustains damages in the amount of $10,000 and sues Margie. The jury determines that Margie's negligence contributed 75% to Nancy's injury and that Nancy's negligence contributed 25% to her injury. Under the doctrine of comparative negligence, Nancy can recover: a. 0 b. $2,500 c. $7,500 d. $10,000

c. $7,500

Question 4 Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cracked corn for the chickens. The chickens died and the neighbor sues. What is the likely result? a. Cal is not liable because he was not negligent in his spraying operation. b. Cal is not liable because the neighbor assumed the risk of damage to the feed by placing it so close to the fence. c. Cal is liable because spraying pesticides is an abnormally dangerous activity. d. Cal is not liable for the damage because of contributory negligence.

c. Cal is liable because spraying pesticides is an abnormally dangerous activity.

Question 3 A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit. a. res ipsa loquitur. b. duty to act. c. emergency. d. unintentional tort.

c. emergency.

Question 12 By law, all apartment buildings in the state where Morgan lives must have smoke alarms in the ceilings. Morgan suffers smoke inhalation during a fire when she could not get out quickly enough because the smoke alarm in her apartment building was not yet installed. To win a negligence action against the building owner, Morgan would have to put on evidence and prove: a. a duty existed toward her. b. a breach of that duty. c. injury and causation. d. All of these.

c. injury and causation.

Question 8 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 lawnmower which exploded, setting fire to the wooden lawn furniture. Henry's best argument against liability to Bob would be: a. the leaf was not a substantial factor in causing the damage. b. the gasoline in the lawnmower is a superseding cause of the damage. c. it was not foreseeable that the lawnmower would explode. d. the damage was not caused by the leaf but by the gasoline.

c. it was not foreseeable that the lawnmower would explode.

Question 10 In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors? a. The existence of emergency conditions. b. A physician's training and years of experience. c. A person's severe mental retardation. d. Both the existence of emergency conditions and also a physician's training and years of experience.

d. Both the existence of emergency conditions and also a physician's training and years of experience.

Question 9 Which of the following is/are considered in determining the application of the reasonable person standard? a. Physical disability. b. Superior skill or knowledge. c. Emergency circumstances. d. Each of these are considered.

d. Each of these are considered.

Question 5 Mark is out sailing in his boat one evening when he hears a young girl crying for help in the middle of the lake. Which of the following is true? a. Mark must help the girl or he will be liable for negligence. b. Mark must help the girl only if he knows her. c. Mark must help the girl if he is the girl's uncle. d. Mark does not have a duty to help the girl unless he begins to rescue her and increases her danger.

d. Mark does not have a duty to help the girl unless he begins to rescue her and increases her danger.

Question 11 Which of the following are activities that give rise to strict liability? a. Performing abnormally dangerous activities. b. Selling defective, unreasonably dangerous products. c. Keeping animals. d. All are correct.

d. All are correct.