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Chp 7 - Negligence and Strict Liability

Page history last edited by abogado 11 years, 9 months ago

Quizzes-Law 10-Fall 2012  

 

MULTIPLE CHOICE QUESTIONS

1. 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

a. a blameless person.

b a faultless person.

c. a reliable person.

d. a reasonable person.


2.  Roy owns a building in which Shelly rents an apartment. The sidewalks around the building 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

a. arrange to escort anyone who walks onto the property.

b. do nothing.

c. repair the sidewalks.

d. repair the sidewalks only if he is notified that it is a problem.


3. Roy owns a building in which Shelly rents an apartment. The sidewalks around the building 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

a. arrange to escort anyone who walks onto the property.

b. do nothing.

c. repair the sidewalks.

d. repair the sidewalks only if she is notified that it is a problem.


4. 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

a. lose, because Big’s employees were not aware of the spill.

b. lose, because Cody should have exercised more care.

c. win, because Big can in turn recover from the soda bottler.

d. win, because the spilled soda was foreseeable.


5. Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of

a. a blameless individual.

b a faultless ordinary person.

c. a reliable professional.

d. a reasonable physician.


6. 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

a. both parties were emotionally rattled.

b. Caleb did not apparently intend to cause an accident.

c. Dona must have been comparatively negligent.

d. Dona was not injured.


7. 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

a. ordinary persons.

b. other engineers.

c. other professionals, including doctors, dentists, and lawyers.

d. those injured in the collapse of the bridge.


8. Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for

a. negligence per se.

b nothing.

c. a violation of the “danger invites” rescue doctrine.

d. a violation of a Good Samaritan statute.


9. John sees that Kris is about to step into the path of an oncoming bus. If John does not warn Kris of the danger, John is liable

a. only if Kris is injured.

b. only if Kris is not injured.

c. regardless of the consequences to Kris.

d. under no circumstances.


10. Kay carelessly bumps into Lyle, knocking him to the ground. Kay has committed the tort of negligence

a. only if Lyle is injured.

b. only if Lyle is not injured.

c. under any circumstances.

d. under no circumstances.


11. 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

a. cause in fact.

b intervening cause.

c. proximate cause.

d. superseding cause.


12. Ralph, a van driver for Standard Delivery Company, causes a multivehicle accident on a city street. Ralph and Standard are liable to

a. all those who were injured.

b. only those who were uninsured.

c. only those whose injuries could have been reasonably foreseen.

d. only those whose vehicles were closest to Rod’s van.


13. Edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory. The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in

a. Edie v. Finest Fireworks Factory.

b. Palsgraf v. Long Island Railroad Co.

c. Rylands v. Fletcher.

d. Congress.


14. Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks

a. attributable to the Triathlon in any way.

b. different from the risks normally associated with the Triathlon.

c. greater than the risks normally associated with the Triathlon.

d. normally associated with the Triathlon.


15. Clyde enters Desert Decathlon, an athletic competition in which Clyde has often competed. Regarding the risk of injury, Clyde assumes the risks

a. attributable to the Decathlon in any way.

b. different from the risks normally associated with the Decathlon.

c. greater than the risks normally associated with the Decathlon.

d. normally associated with the Decathlon.


16. Beth is injured in a car accident and sues Cal, alleging negligence. Cal claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth’s recovery

a. even if Beth was only slightly at fault.

b. only if Beth was as equally at fault as Cal.

c. only if Beth was less at fault than Cal.

d. only if Beth was more at fault than Cal.


17. An Iowa state statute requires amusement parks to maintain equipmentin specific condition for the protection of patrons. Jack’s Fun Park fails to maintain its equipment. Key, a patron, is injured. Jack’s has committed

a. a dram shop act.

b. contributory negligence.

c. negligence per se.

d. res ipsa loquitur.


18. In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under

a. any circumstances.

b. a Good Samaritan statute.

c. a social host statute.

d. no circumstances.


19. Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because

a. Earth is a corporation.

b. the activity is inherently negligent.

c. the activity is of a dangerous nature.

d. the government pays for highway construction.


20. Eva owns Fast-Rate Salvage, a demolition company. A demolition by a Fast-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eva must pay for Glen’s injury

a. only if Glen’s injury was not reasonably foreseeable.

b only if Glen’s injury was reasonably foreseeable.

c. only if the Fast-Rate crew was at fault.

d. whether or not the Fast-Rate crew was at fault.


 

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