FiltersDone

Question type

Essay

Multiple Choice

Short Answer

True False

Matching

Exam 9: Negligence and Strict Liability

Show Answer

Share

---

All types

Filters

Study FlashcardsPractice ExamLearn

Question 31

Multiple Choice

Review LaterAdd Note

Review Later

Which of the following must the defendant prove in order to rely upon the defense of contributory negligence?

A) Only that the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm.
B) Only that a failure of the plaintiff was a contributing cause to the plaintiff's injury.
C) Only that the plaintiff violated the last-clear-chance doctrine.
D) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and also that the plaintiff's failure was a contributing cause to the plaintiff's injuries.
E) That the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm; that the plaintiff's failure was a contributing cause to the plaintiff's injuries; and also that the plaintiff failed to abide by the last-clear-chance doctrine.

F) B) and E)
G) A) and D)

Correct Answer

verified

Show Answer

Question 32

Multiple Choice

Review LaterAdd Note

Review Later

Which of the following is an example of a dram shop act?

A) A statute which requires bar owners to have a license before operating a bar.
B) A statute which allows bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar.
C) A statute that prohibits any bars on certain streets in the jurisdiction.
D) A statute which allows the selling of beer but not hard liquor.
E) A statute which requires bar owners to post a bond before opening for business in a jurisdiction.

F) None of the above
G) A) and E)

Correct Answer

verified

Show Answer

Question 33

Multiple Choice

Review LaterAdd Note

Assume Bobby begins to cross the street in a jurisdiction that applies contributory negligence. He does not go to a crosswalk but proceeds to illegally cross the street without checking to see if any vehicles are coming. Slick sees Bobby in the street, notices that he is not in the crosswalk, and proceeds to hit Bobby with his vehicle because he believes that Bobby should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Bobby some significant bruising, but Bobby is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

"Diving fiasco." Mike, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Mike is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they can become aggressive when fed. Mike did not reveal that information to the group of divers going with him because in his experience, as soon as customers hear of even a hint of danger, they refuse to pay and go on the trip. The divers go down into the water, and some have squid with which to feed the sting rays. During the dive, one of the sting rays becomes agitated and latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. Another diver, Billy, encounters a shark which snaps at him. Fortunately, the shark does not bite him but does damage his diving equipment. He is also in distress. Mike, who is in charge of the dive, does nothing but return to the boat because the dive turned out to be more trouble than expected. Wendy, another diver on the trip, also returns to the boat without doing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who are in distress. He manages to assist them, but in the process, he pulls his back and requires medical care. All divers return to the boat and are very unhappy with Mike. -Billy and Susie are annoyed that Mike did not come to their assistance. Which is true regarding Mike's duty to provide assistance during the dive?

What type of damages would Robert seek in order to punish Susan and to deter her actions in regard to letting the dog run free?

Which of the following are elements of causation?

Why are punitive damages awarded?

Which of the following damages are intended to reimburse a plaintiff for his or her losses?

Courts usually award punitive damages in cases in which the offender has committed ______.

While driving her car down the street, Susan sees a child playing near the road with no adult around. Which of the following is true?

In some situations, the law specifies the duty of care one individual owes to another.

Identify and explain the elements of negligence.

A plaintiff in a negligence suit may choose whether the plaintiff wishes pure comparative negligence or modified comparative negligence to be applied by the court.

Which of the following is sometimes referred to as "but for" causation?

Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% at fault before the plaintiff can recover?

According to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover.

Which of the following occurs when a plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior?

"Chewer." The state in which Susan lives has a statute prohibiting dogs from running at large. All dogs are required to be on a leash whenever they are off the owner's premises. Susan's dog, while not on a leash, visits the home of a neighbor down the street. While there, the dog carries off an expensive pair of shoes belonging to Robert. The shoes are chewed and destroyed. A neighbor informed Robert of what had happened. Robert commented that he never should have left his $300 shoes lying on the deck in the first place but that he expects to be repaid by Susan. Robert found out that the dog had carried away a number of shoes and other articles in the neighborhood, chewing them to pieces. Susan had done nothing to warn anyone. Robert thinks that she should be punished for her activities, and perhaps that would deter her from allowing the dog to run loose. -Upon which of the following theories will Robert likely rely in seeking recovery for the shoes against Susan?

Assume Bob, who had no notice of any heart problem, is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true?

Which of the following was the result on appeal in John Coomer v. Kansas City Royals Baseball Team, the case in the text in which the plaintiff sued after being hit in the eye by a hotdog thrown into the stands by a team mascot during the "Hotdog Launch," a customary activity during games?