Deck 17: Negligence and Product Liability

Question 1

What is negligence?

A) Intentional tort
B) Unintentional tort
C) Ethics violation
D) Crime

Answer 1

Unintentional tort

Question 2

What is breach of duty?

A) Failure to fulfill a promise
B) Fraud
C) Negligent act
D) Misrepresentation

Answer 2

Negligent act

Question 3

What is culpable negligence?

A) Willful conduct
B) Wanton conduct
C) Reckless conduct
D) All of the above

Answer 3

All of the above

Question 4

What doctrine is the exception to the principle regarding the degree of care owed by landowners to trespassers?

A) Attractive nuisance
B) Public nuisance
C) Private nuisance
D) Captivating nuisance

Question 5

What Latin phrase means "the thing speaks for itself"?

A) Ipso facto
B) Res ipsa loquitur
C) Respondeat superior
D) Quasi in rem

Question 6

What is an example of dangerous instrumentalities?

A) Tigers
B) Nitroglycerine
C) Dynamite
D) All of the above

Question 7

What lawsuit is brought when someone dies as a result of another's negligence?

A) Unlawful death action
B) Wrongful death action
C) Unjust death action
D) Unfair death action

Question 8

What term describes money meant to compensate the plaintiff for pain and suffering?

A) General damages
B) Special damages
C) Compensatory damages
D) Actual damages

Question 9

What legal term describes the dominant cause?

A) Proximate
B) Probable
C) Primary
D) Principal

Question 10

What is a supervening cause?

A) New occurrence that is irrelevant to the injury
B) New occurrence that becomes a contributing cause of the injury
C) New occurrence that becomes the proximate cause of the injury
D) None of the above

Question 11

What is one of the principal defenses in a negligence suit?

A) Absence of the Miranda warning
B) Inadmissibility of evidence
C) Immunity
D) Running of the statute of limitations

Question 12

When the plaintiff, who suffered injury after being hit by a tennis ball during a tennis tournament, brings a negligence lawsuit, what defense may the defendant use?

A) Assumption of risk
B) Contributory negligence
C) Comparative negligence
D) Discharge in bankruptcy

Question 13

What term describes a legal doctrine according to which the negligence of all parties is compared?

A) Comparative negligence
B) Comparative fault
C) All of the above
D) None of the above

Question 14

What is the other name for the humanitarian doctrine?

A) Good Samaritan doctrine
B) Last clear chance doctrine
C) Doctrine of charitable immunity
D) Doctrine of respondeat superior

Question 15

When claiming assumption of risk as a defense, what does the defendant have to prove?

A) Plaintiff knew of the risk involved
B) Plaintiff took the chance of being injured
C) Both A and B
D) None of the above

Question 16

What is the defense of assumption of risk called?

A) Basketball rule
B) Baseball rule
C) Tennis rule
D) Football rule

Question 17

What is the source of statutes of limitations?

A) Legislature
B) State constitutions
C) Administrative regulations
D) Common law

Question 18

When does the statute of limitations begin to run in negligence cases?

A) On the date of the injury
B) On the date that the injury was discovered
C) All of the above
D) None of the above

Question 19

What term describes the relationship between contracting parties?

A) Private contract
B) Privity of contract
C) Mutual agreement
D) Joint agreement

Question 20

What term describes the theory that the product's dangers were inadequately communicated to the consumer?

A) Failure to warn
B) Inadequate warnings
C) All of the above
D) None of the above

Question 21

Negligence occurs when a person causes an injury or a loss due to his or her own carelessness.

Question 22

To win a negligence suit, the plaintiff must prove damages.

Question 23

Until recently, the law recognized different degrees of care owed to different people.

Question 24

A person invited on the premises for a business or commercial purpose is a bare licensee.

Question 25

Under the doctrine of attractive nuisance, the mere fact that an act occurred can be used by the fact finder to infer that the defendant was negligent.

Question 26

Absolute liability is liability regardless of fault.

Question 27

In a negligence suit, the plaintiff can claim only damages for pain and suffering.

Question 28

When a person dies as a result of another's negligence, nobody can bring a negligence suit against the negligent party.

Question 29

Proximate cause is about that which is probable, rather than that which is possible.

Question 30

The plaintiff cannot recover damages from the defendant if a break in the chain of causation exists.

Question 31

Immunity is one of the principle defenses in a negligence action.

Question 32

There are five major defenses that the defendant can use in a negligence suit.

Question 33

Under the traditional doctrine of contributory negligence, if the defendant can prove that the plaintiff was at least slightly negligent, the plaintiff will lose the trial.

Question 34

Some states replaced the doctrine of contributory negligence with the doctrine of comparative negligence.

Question 35

In the defense of assumption of risk, the plaintiff is contributory negligent.

Question 36

Assumption of risk requires proving the plaintiff's injuries were a result of the plaintiff's voluntary exposure to an unknown dangerous condition.

Question 37

Every cause of action has a time limit for bringing suit.

Question 38

A statute of repose is another name of a statute of limitations.

Question 39

Product liability is based on alternative theories of liability.

Question 40

Under modern legal theory, people injured by defective products can bring suit against the manufacturers or sellers of the products only when injured people themselves purchased the products.

Question 41

One element of negligence is ________ of duty.

Question 42

A property owner owes a duty to use ________ care toward people who are rightfully on his or her premises.

Question 43

When the plaintiff cannot prove an actual negligent act of the defendant, he or she can use the doctrine of res ipsa ________.

Question 44

To recover for negligence, the plaintiff must prove actual loss called ________.

Question 45

A new occurrence that becomes the proximate cause of the injury is a(n) ________ cause.

Question 46

One of the principal defenses to a negligence claim is ________ in bankruptcy.

Question 47

The plaintiff's negligence that contributed toward his or her injuries and was a proximate cause of them is called ________ negligence.

Question 48

An affirmative defense wherein the defendant asserts that the plaintiff voluntarily assumed the consequences of injury that were caused by the defendant is called ________ of risk.

Question 49

A statute of ________ places an absolute time limit for bringing a cause of action.

Question 50

Under a theory of ________ liability, manufacturers and sellers are liable without regard to fault.

Question 51

Match the terms with their descriptions:

-Comparative negligence

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 52

Match the terms with their descriptions:

-Running of the statute of limitations

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 53

Match the terms with their descriptions:

-Design defect

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 54

Match the terms with their descriptions:

-Special damages

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 55

Match the terms with their descriptions:

-Negligence

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 56

Match the terms with their descriptions:

-Assumption of risk

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 57

Match the terms with their descriptions:

-Bare licensee

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 58

Match the terms with their descriptions:

-Supervening cause

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 59

Match the terms with their descriptions:

-Statute of repose

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 60

Match the terms with their descriptions:

-Dangerous instrumentalities

A) One of the principal defenses to negligence actions
B) New occurrence that becomes the proximate cause of the injury
C) Explosives or wild animals
D) Person allowed on another's premises by operation of law
E) Theory that the product was negligently designed
F) Affirmative defense
G) Failure to use the amount of care that a reasonably prudent person would have used under the same circumstances
H) Negligence of all parties is compared
I) Measurable, quantifiable amounts of losses
J) Statute placing an absolute time limit for bringing a cause of action

Question 61

Define a business invitee, gratuitous guest, and a bare licensee. Discuss the evolution of different degrees of care, recognized by the law, owed by landowners to different people.

Question 62

Define negligence. Compare and contrast contributory negligence and comparative negligence.

Question 63

Define damages. Identify different types of damages that the injured party may claim.

Question 64

Jen jogs every morning and passes a farm where there is a big dog running loose. One day the dog bit Jen's leg and tore her expensive running suit. She informed the owner, but he refused to compensate Jen and denied that he had acted negligently. Moreover, he said his dog was trained to catch trespassers, and Jan was at fault. Jen sued the owner in a small claims court for a total of $1,400 which included her medical bills, lost wages, and the replacement of the running suit. Discuss what doctrine Jen can use and what damages she can claim.

Question 65

Steve signed a contract to write a book about his experience in mountain climbing in Europe. The publisher informed Steve about dangers of this activity, but he signed the contract anyway. Before the trip, Steve checked the equipment and found it to be in order. When Steve was climbing in the Alps, a falling stone hit him and injured his arm. Discuss who is responsible for Steve's accident and what legal theory may be used.