BLAW 7

Which of the following characteristics is NOT considered by the court to determine the “reasonableness of the risk”?

Phil decided to rescue Bobo, the Dancing Bear, from a traveling circus that was closing its business. Although Bobo was a well-behaved grizzly bear, Phil took great caution to make sure that Bobo would not escape from his yard by reinforcing the yard’s fence with steel and padlocking the gate. One day, without notice, Bobo rushed the fence, knocked the padlock off the gate, and escaped from Phil’s yard. Bobo lunged at a young child in the neighborhood, injuring him. Based on these facts:

State X has a “Sunday Closing Law” making it a crime to operate a retail business on Sundays. The law’s legislative history reveals that it was enacted to promote respect for the Sabbath by all the people of the state, and thus to promote public decency and morality. One Sunday, Judy Smith slips on a puddle of spilled soft drink at Joe’s Hamburger joint (which is operating in violation of the statute), and suffers an injury to her spine. The soft drink would not have been spilled if the store had not been open on Sunday. Judy sues Joe in negligence. One part of her complaint relies on the doctrine of negligence per se. Under the doctrine of negligence per se:

Special duties that run from possessors of real estate to those who enter the property are called “premises liability” cases.

Negligence cases that address duties that run from possessors of real estate (land and buildings) to those who enter that property are often called:

A defendant who is negligent is not liable for the unlikely or unforeseeable harm that results. This rule is called:

Many courts have adopted a test in resolving the proximate cause question, under which a defendant who has breached a duty of care is liable:

Today, trespassers who are injured while on someone else’s land:

Which of the following enters a property with the possessor’s consent but for his/her own purpose?

Questions of proximate cause assume the existence of _____.

Which of the following personal traits or conditions will not change the normal reasonable person standard to which defendants are subject?

What is the term to describe a plaintiff’s failure to exercise reasonable care for her own safety?

In a strict liability case, the plaintiff must prove that the defendant breached a duty.

Pam and Deb were in a car accident. Deb went through a red light, hitting Pam from the side. Pam was driving 45 miles per hour in a 25 miles per hour zone. Pam sues Deb based on negligence for damages. If Pam loses the suit, which of the following is the most likely reason?

Unforeseeable acts are held to be an intervening cause.

Which of the following enters a land without its possessor’s consent and without any other privilege?

Ann had gone hiking into the woods. On the way, one of the tires of her new car failed. Her vehicle was rendered inoperable. The road was deserted. Rick, a co-hiker was passing on the way. He abducted her and sexually assaulted her. Ann wants to sue the car company for negligence. Will she succeed?

The “modified impact rule” does not require an element of direct physical contact.

Patrick sues Derek for negligence. At the trial, it is determined that Patrick’s negligence was 40% responsible for his injury, and Derek’s negligence was 60% responsible. Patrick’s losses total $10,000. Under a pure comparative negligence system, he will recover:

Homer’s negligence caused an automobile accident with Bart. As a result of the collision, Bart’s car collides with a telephone pole, causing it to fall. The falling pole then takes out some electrical power lines. The resulting power outage leaves Patty without any light in her apartment. As she fumbles in the darkness, she trips over her cat, falls, and is injured. Patty sues Homer. In order to avoid liability, Homer’s best defense is that:

Attendees of free public lectures and church services would be called:

Rebecca goes for a ride in Owen’s car, even though he has told her that the car’s brakes frequently fail. In case of any injuries due to this defect, Rebecca would be said to have:

What effect does the rule of res ipsa loquitur have in a negligence case?

You are walking down a street and you pass by a beer brewery. A barrel rolls out of a third story window and injures you. You have no idea how this accident occurred, and you will have difficulty proving that the brewery was at fault. What legal theory will serve you best if you sue the brewery?

Generally, property owners do not owe a duty of care to trespassers, who regularly enter the land without authorization.

Negligent defendants are never liable for the consequences of an unforeseeable intervening cause.

Social guests are licensees in some states.

Jill voluntarily uses Joe’s lawn mower, even though Joe had told her that his mower frequently fails and can even cause accidents. In case of an accident, Joe has the defense of:

Parsons, a pedestrian watching a construction project, sees that a metal beam being lifted by a crane is about to drop on some unsuspecting workers. Thus, he rushes to the scene to warn the workers. For his efforts, he is struck by the falling beam. He sues the construction company in negligence. Which of the following is true? Assume that the falling beam was caused by a breach of duty on the company’s part.

The doctrine of “Res ipsa loquitur” means the thing speaks for others.

Someone confronted with an emergency requiring rapid decisions and action need not employ the same level of caution and deliberation as someone in circumstances allowing for calm reflection and deliberate action. This exception reflects the consideration of _____ in a negligence case.

What is a provision in a contract that purports to relieve the defendant of a duty of care he would otherwise owe to the plaintiff called?

Jack had taken his girlfriend Jenny on a long drive. While driving on the highway, he suddenly had a severe headache and lost control of the car. They were hit by a passing car. The doctor had earlier warned Jack that he has a brain tumor, due to which he would experience occasional pains. Jenny sued Jack for negligence. Will she succeed?

In some states that have eliminated assumption of risk as a separate defense; assumption of risk reappears as one of the many kinds of fault that a court must weigh in applying the state’s comparative fault defense.

_____ is the plaintiff’s voluntary consent to a known danger.

Whatever the type of injury experienced by the plaintiff, the usual rule is that only punitive damages are recoverable in a negligence case.

People who engage in abnormally dangerous activities:

One day, Jon carelessly left a rake next to the sidewalk when he went to lunch. Deb, a customer of the bank, stepped on the rake as she walked next to the sidewalk and was injured. Which statement is most likely correct?

Trioka Corp. owns an apartment complex at which break-ins and prior instances of criminal activity had occurred. However, no security-related measures have been adopted. As a result, a criminal intruder easily enters the complex and physically attacks a tenant. Which of the following is true regarding the case?

The owner of a theatre negligently failed to install the requisite number of emergency exit. During the show of Shakespeare’s Macbeth, one of the intoxicated viewers got carried away and burned himself. The entire hall was ablaze. There was only one emergency exit. Thus many people were killed in the stampede. Will the theatre owner be liable for negligence?

Proximate causation presupposes the existence of actual or but-for causation; you can’t have the former without the latter.

Fred Sweet runs dancing classes for middle-aged and elderly people. Some of Fred’s customers lack physical coordination, and injuries from kicks, falls, etc. are common. Fred naturally fears that injured customers will sue him for negligence. Thus, he makes each customer sign a written contract containing a clause relieving Fred of all liability for injuries suffered during his dancing classes. However, fearful that he will lose business if potential customers become aware of his strategy, Fred states the clause in fine print and doesn’t point it out to them. An injured customer sues Fred in negligence. Fred wants to defend on the basis of the clause in the contract. Which of the following is the biggest weakness in Fred’s position?

Negligence “per se” is a legal rule that established a defendant’s negligence when:

The tort of negligent hiring is distinct from tort liability predicated upon the doctrine of respondeat superior.

Under many “mixed” comparative negligence systems, a plaintiff recovers nothing where the plaintiff’s own negligence is 50% or more.

The doctrine of res ipsa loquitur can be translated as:

In a case involving an ultrahazardous or abnormally dangerous activity, the plaintiff must prove recklessness on the defendant’s part. Any lower fault standard would be unfair to the defendant in such cases.

Catherine decided to have lunch at Tom’s, one of the most popular restaurants in town. She ordered soup before her main course as usual. The soup served to Catherine contained a maggot floating about in it. Fortunately, she noticed this before she had it. She sued Tom’s for negligence. The most likely result will be:

In many cases, a blind person will be held to a different standard of reasonable care than a person who can see.

Amtul and Hassan were involved in an automobile accident. Amtul’s car, worth $10,000 was destroyed. Hassan suffered no personal injuries or property damage. The case went to the court and a jury determined that Amtul was 30% at fault and Hassan was 70% at fault. Under what legal theory would Amtul be able to recover $7,000 from Hassan?