Law Exam 1 part two

Sarah 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. Sarah trips over the clutter and is injured. Sarah's status with regard to the store is that of:

business visitor.

William, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. If William wants to sue the bottling company for his injuries:

he will probably win if the court allows him to use the res ipsa loquitur doctrine.

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequence of juvenile car theft and "joy riding" by prohibiting car owners from leaving the keys in their cars if the cars are untended, is likely to be characterized as:

negligence per se

Henry was burning leaves in his backyard. One of the burning leaves was lifted by the wind into Emilio'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 would be:

that it was not foreseeable that the lawn mower would explode.

Lee has been declared incompetent by the court and is under the care of his sister. Unknown to his sister, Lee rents the 30,000-seat civic center for his birthday party. Lee's contract to rent the civic center is best described as a:

voidable contract.

Adam doesn't like having neighborhood teenagers walk across his yard at night. He rigs an animal trap on the path the teenagers usually use to cross his land. One night, Tim and his friends are walking across the yard when Tim gets caught in the trap. He is taken to the hospital for his injuries.

Adam is not free to inflict intentional injury on a trespasser.

Arthur negligently stopped his car on the highway. Betty, who was driving along, saw Arthur's car in sufficient time to attempt to stop. However, Betty negligently put her foot on the accelerator instead of the brake and ran into Arthur's car.

Arthur has assumed the risk of the accident.

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 cornmeal for the chickens. The chickens died, and the neighbor sues. What is the likely result?

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

While driving his car five miles over the speed limit, Carl struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Carl was 60% negligent and that Darla was 40% negligent. Darla's injuries are $10,000. This accident occurred in a state following the comparative negligence theory of recovery.

Darla will recover $6,000.

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place. Mindy jumped out into the street five feet in front of his car. Chris could not help but hit her. What is Chris's best defense to the charge of negligence?

Even if he had perfect brakes, he would not have been able to avoid hitting Mindy.

Joe intentionally pushed Bill into a fence negligently erected by Sam around Sam's swimming pool. The fence caved in and Bill nearly drowned. Who is liable?

Joe, because of his intentional intervening conduct.

Oscar, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Oscar 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.

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

Seventeen-year-old Todd has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign.

Todd is engaging in an adult activity and will be held to the same standard as an adult.

In which of the following situations would a court be likely to find an affirmative duty to act?

Where an airline attendant sees one passenger threaten another passenger.

A form of strict liability applies to all of the following situations except:

a medical procedure.

A spectator who is injured by a wild pitch at a college baseball game will be unlikely to be successful in suing the school for negligence because of the doctrine of:

assumption of the risk.

Andrew negligently hit a dog, which lay stunned in the street for a moment and then ran toward Bill, a bystander, and bit him.

The dog's action is a superseding cause of harm.

Which of the following is a defense that a defendant could raise in an action based on strict liability?

The owner of a car knowingly and voluntarily parked his vehicle in a blasting zone as a result of which the car was damaged.

The local supermarket has a large, glass front door which is well lighted and plainly visible. Nelson, who is new in the neighborhood, mistook the glass for an open doorway and walked into it, shattering the door and injuring himself.

The store is not liable to Nelson.

A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks. Once on the tracks, the patient stumbled and sprained his ankle. A few minutes later a train approached. The engineer saw the man on the track and could have stopped, but the train's brakes were defective. As a result, the train hit and killed the man. His family is suing the railroad for negligence.

The train had the last clear chance to avoid the accident, so the railroad company has liability.

Stella goes to Ranger's Department Store to look for clothes. The store is in the process of remodeling, and there is a lot of clutter in the aisle. Stella trips over the clutter and breaks her leg. What standard of care does the store have toward Stella under the circumstances?

Because Stella is a business visitor, the store must exercise reasonable care to protect her against dangerous conditions she is unlikely to discover.

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered. Then Sally went into the kitchen to make hamburger patties. While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet. In a comparative negligence state, who is liable?

Sally is liable for Pat's injuries only if she was more negligent than Pat.

Sarah forgot to tie up her dog and it bit Carl on the leg when he came to visit. She took Carl to the hospital where the nurse applied a compress that had been used by another patient. Carl subsequently developed an infection and sued Sarah. What is the likely result?

Sarah is liable in negligence for the infection, because Carl would not have been injured but for her dog.

Caroline signs a contract to work as a sales rep for Incellmed Corporation for a period of two years. This contract is governed by:v

state common law.

Perry is injured on the job at the factory where he works. He files a workers' compensation claim against his employer. The liability of the employer under the workers' compensation statute is:

strict.