LS Ch 7 T/F – Flashcards
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. If one person's act harms another, there is no liability unless the actor intended the harm.
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F
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If one person's act harms another, there is may be liability for negligence even if the actor did not intend the harm.
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T
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To determine whether a duty of care has been breached, a judge asks how he or she would have acted in the same circumstances
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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
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T
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An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.
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F
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A reasonable person standard determines whether a person could have avoided suffering harm from another's allegedly negligent act.
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F
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Business owners have no duty to exercise reasonable care to protect invitees.
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F
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No one is expected to exercise a reasonable standard of care in every activity.
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F
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The degree of care to be exercised in a situation can vary with a person's profession or occupation.
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T
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To avoid liability for negligence, a business owner must protect its patrons against all risks.
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F
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If no harm results from an allegedly negligent act, there is no liability.
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T
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Under the theory of negligence, the duty of care requires one person to aid another who has suffered harm from someone's negligence.
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F
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Under the theory of negligence, the duty of care requires one person to come to the aid of another in "peril."
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F
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Liability for negligence requires a finding of causation in fact and a determination of proximate cause.
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In theory, causation in fact is limitless.
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T
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For purposes of establishing negligence, causation in fact exists if an injury would have occurred even without the defendant's act.
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F
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Under the theory of negligence, harm must be foreseeable to be considered the proximate cause of an injury.
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Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.
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A person assumes all risks associated with any activity in which he or she participates.
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F
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An assumption of risk defense does not require that a risk be voluntarily assumed.
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F
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Self-defense is a defense available in an action based on a negligence theory.
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F
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A person assumes any risk that is different from or greater than the risk normally carried by an activity.
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F
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A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event.
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F
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Assumption of risk can be raised as a defense in a negligence suit
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Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration.
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. Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.
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F
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The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in the absence of negligence.
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T
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. 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.
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F
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Under a dram shop act or a social host statute, liability can be imposed without proof of negligence.
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T
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In many states, the plaintiff's negligence is a defense that may be raised in a negligence suit.
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T
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The extreme risk of an activity is a primary basis for imposing strict liability.
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Negligence per se may occur on the violation of a statute.
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. Under the doctrine of strict liability, liability is strictly based on the "obvious" fault of the defendant.
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F
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The basis for applying strict liability is an intentional wrongful act.
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F
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One of the requirements for a suit based on strict liability is a failure to exercise due care.
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F
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One characteristic of an abnormally dangerous activity is that it is not commonly performed in a certain area.
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One characteristic of an abnormally dangerous activity is that it involves a low degree of risk.
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F
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Strict liability is imposed for reasons other than fault.
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A person who keeps a wild animal is always strictly liable for any harm that the animal inflicts.
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T
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A person who keeps a domestic animal is always strictly liable for any harm that the animal inflicts.
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F
