Question 1

If one person\'s act harms another, there is no liability unless the actor intended the harm(T/F)

Accepted Answer

F

Question 2

If one person\'s act harms another, there may be liability for negligence even if the actor did not intend there harm(T/F)

Accepted Answer

T

Question 3

To determine whether a duty of care has been breached a judge asks how he or she would have acted in the same circumstances(T/F)

Accepted Answer

F

Question 4

If a person breaches a duty of care and another person suffers an injury, the breach must have caused the harm for liability to result(T/F)

Accepted Answer

T

Question 5

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care(T/F)

Accepted Answer

F

Question 6

A reasonable person standard determines whether a person could have avoided suffering harm from anothers alledgedly negligent act(T/F)

Accepted Answer

F

Question 7

Business owners have no duty to exercise reasonable care to protect invitees(T/F)

Accepted Answer

F

Question 8

No one is expected to exercise a reasonable standard of care in every activity(T/F)

Accepted Answer

F

Question 9

The degree of care to be exercised in a situation can vary with a person\'s profession or occupation(T/F)

Accepted Answer

T

Question 10

To avoid liability for negligence, a business owner must protect its patrons against all risks(T/F)

Accepted Answer

F

Question 11

If no harm results from an allegedly negligent act, there is no liability(T/F)

Accepted Answer

T

Question 12

Under the theory of negligence, the duty of care requires one person to aid another who has suffered harm frm someone\'s negligence(T/F)

Accepted Answer

F

Question 13

Under the theory of negligence, the duty of care requires one peson to come to the aid of another in \"peril\"(T/F)

Accepted Answer

F

Question 14

Liability for negligence requires a finding of causation in fact and a determination of proximate cause(T/F)

Accepted Answer

T

Question 15

In theory, causation in fact is limitless(T/F)

Accepted Answer

T

Question 16

For purposes of establishing negligence, causation in fact exists if an injury would have occurred even without the defendant\'s act(T/F)

Accepted Answer

F

Question 17

Under the theory of negligence, harm must be foreseeable to be considered the proximate cause of an injury(T/F)

Accepted Answer

T

Question 18

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability(T/F)

Accepted Answer

T

Question 19

Aperson assumes all risks associated with any activity in which he or she participates(T/F)

Accepted Answer

F

Question 20

An assumption of risk defense doesn\'t require that a risk be voluntarily assumed(T/F)

Accepted Answer

F

Question 21

Self defense is a defense available in an action based on a negligence theory(T/F)

Accepted Answer

F

Question 22

A person assumes any risk that is different from a greater than the risk normally carried by am activity(T/F)

Accepted Answer

F

Question 23

A superseding cause is an intervening event thatimposes liability on a defendant for injuries caused by the intervening event(T/F)

Accepted Answer

F

Question 24

Assumption of risk can be raised as a defense in a negligence suit(T/F)

Accepted Answer

T

Question 25

under the doctrine of comparative negligence both the plaintiffs and the defendants negligence are taken into consideration(T/F)

Accepted Answer

T

Question 26

Only foreseeable intervening event can break the connection between a wrongful act and an injury to another(T/F)

Accepted Answer

F

Question 27

the doctrine of res ipsa loquitur applies if an event causing harm doesn\'t normally occur in the absence of negligence(T/F)

Accepted Answer

T

Question 28

In a comparative negligence state, if a plaintiff is found to be 30 percent negligent, the award against the defendant will be reduced by 70 percent(T/F)

Accepted Answer

F

Question 29

Under a dram shop act or a social host statute, liability can be imposed without proof of negligence(T/F)

Accepted Answer

T

Question 30

In many states, the plaintiff\'s negligence is a defense that may be raised in a negligence suit(T/F)

Accepted Answer

T

Question 31

The extreme risk of an activity is a primary basis for imposing strict liability(T/F)

Accepted Answer

T

Question 32

Negligence per se may occur on the violation of a statute(T/F)

Accepted Answer

T

Question 33

Under the doctrine of strict liability, liability is strictly based on the \"obvious\" fault of the defendant(T/F)

Accepted Answer

F

Question 34

The basis for applying strict liability is an intentional wrongful act(T/F)

Accepted Answer

F

Question 35

One of the requirements for a suit based on strict liability is a failure to exercise due care(T/F)

Accepted Answer

F

Question 36

One characteristic of an abnormally dangerous activity is that it is not commonly performed in a certain area(T/F)

Accepted Answer

T

Question 37

One characteristic of an abnormally dangerous activity is that it involves a low degree of risk(T/F)

Accepted Answer

F

Question 38

Strict liability is imposed for reasons other than fault(T/F)

Accepted Answer

T

Question 39

Person who keeps a wild animal is always strictly liable for any harm that the animal inflicts(T/F)

Accepted Answer

T

Question 40

A person who keeps a domestic animal is always strictly liable for any harm that the animal inflicts(T/F)

Accepted Answer

F

Question 41

Bette backs out of city parking garage, colliding with dill\'s car. dill may recover $7,500 to cover the cost of the repairs if bette failed to act as

Accepted Answer

a reasonable person

Question 42

Kelly is injured when she slips and falls on lee\'s sidewalk. to determine whether lee owed a duty of care to kelly, lee is subject to the standard of

Accepted Answer

a reasonable person

Question 43

roy owns building in which shelly rents an apartment. the sidewalks around the buliding are in poor repair. many sections have buckled from the growth of tree roots over the years. as the owner of the building roy has a duty to

Accepted Answer

repair the sidewalks

Question 44

dependable appliances, a retail store, must use reasonable care on its premises to warn its patrons of

Accepted Answer

hidden risk

Question 45

roy owns building in which shelly rents an apartment. the sidewalks around the buliding are in poor repair. many sections have buckled from the growth of tree roots over the years.as a tenant in the building, shelly has a duty to

Accepted Answer

do nothing

Question 46

ira shops in a jolly mart store. enticed by a display, ira takes an item to examine it and, when he is done, places it on the floor. kris, a consumer enticed by the same display, does not see the item on the floor, trips over it, falls, and suffers an injury. with respect to the danger, jolly had

Accepted Answer

constructive notice

Question 47

reaching for a bottle of soda from a display in a big bargains store, cody slips in a puddle of spilled soda and falls, suffering an injury. big\'s employees are not aware of the spilled soda until cody falls. in a suit against big, cody will most likely

Accepted Answer

win, bc the spilled soda was foreseeable

Question 48

to protect its customers and other business invitees, sav-mart grocery stores corporation must warn them of

Accepted Answer

concealed dangers

Question 49

leon files a suit against moira, a medical doctor, alleging negligence. as a physician, moira is held to the standard of

Accepted Answer

a reasonable physician

Question 50

lana hires mike, an architect, to design a warehouse. lana is dissatisfied with the look of the new building and sues mike, alleging negligence. mike can successfully defend against the suit by proving that

Accepted Answer

lana was not injured in any way

Question 51

caleb is driving a car in which dona is a passenger when an accident occurs. caleb and dona are emotionally rattled, but neither is physically hurt. caleb is not liable to dona on a negligence theory because

Accepted Answer

dona was not injured

Question 52

dirk is driving a sport utility vehicle is in which elin is a passenger when they are invovled in a traffic accident, and elin is injured. liability may be imposed on dirk for elin\'s injury if dirk\'s driving is

Accepted Answer

the causation in fact and the proximate cause of the injury

Question 53

sam, an engineer, supervises the construction of a new bridge. when the bridge collapses due to faulty construction, sam is sued by those injured in the collapse. as a professional, sam is held to the same standard of care as

Accepted Answer

other engineers

Question 54

molly shoots norm with opal\'s pistol. the proximate cause of norm being shot is most likely attributable to

Accepted Answer

molly only

Question 55

nick sees opal, a stranger, in peril, but doesn\'t attempt to rescue her. opal could successfully sue nick for

Accepted Answer

nothing

Question 56

pam files a successful suit against quantity stores based on quantity\'s negligence. Normally, an award in such a suit consists of

Accepted Answer

compensatory damages

Question 57

john sees that kris is about to step into the path of an oncoming bus. if john doesn\'t warn kris of the danger, john is liable

Accepted Answer

under no circumstances

Question 58

while boating, phil ignores warning signs that the weather is worsening. his boat is swamped. quick sea rescue\'s recovery of phil is slowed by an inexperienced crewman. meanwhile rita, who is also in a floundering craft awaiting rescue, is lost. in ria\'s family\'s suit against phil, his failure to heed the signs of the approaching storm will most likely be held

Accepted Answer

the causation in fact, but not the proximate cause of rita\'s loss

Question 59

kay carelessly bumps into lyle, knocking him to the ground. kay has committed the tort of negligence

Accepted Answer

only if lyle is injured

Question 60

marie, a driver for national transport company, causes a fivecar accident on an interstate highway. marie and national are liable to

Accepted Answer

only those whose injuries could reasonably have been foreseen

Question 61

driving his sport utility vehicle negligently, bart crashes into a streetlight. the streetlight falls, smashing through the roof of a house, killing chris. but for bart\'s negligence, chris would not have died. regarding the death, the crash is the

Accepted Answer

cause in fact

Question 62

nico is a passenger in a car driven by owen, whose negligence causes an accident, injuring himself. nico, uninjured, accompanies owen to parkside hospital in an ambulance. the ambulance is hit by a car driven by quin, injuring nico. nico files a suit against owen, whose best defense is

Accepted Answer

superseding cause

Question 63

ralph, a van driver for standard delivery company, causes a multi-vehicle accident on a city street. ralph and standard are liable to

Accepted Answer

only those whose injuries could have been reasonably foreseen

Question 64

leo slips and falls in the mornin\' breakfast cafe and is injured. leo files a suit against mornin\' for $50,000. if leo is 20 percent at fault and mornin\' is 80 percent, under a contributory negligence doctrine, leo would recover

Accepted Answer

$0

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