Question 1

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?

Accepted Answer

The answer of Dixie, a driver for Express Delivery Company,...

Question 2

DIY, a retail hardware store, must use reasonable care on its premises to warn its invitees of

Accepted Answer

DIY is only required to warn invitees of hidden dangers that they are aware of or should be aware of through reasonable inspection of their premises. They are not required to warn of every possible danger, as that would be impossible, and they are not expected to warn of dangers that they have no reason to know about.

Question 3

Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an ad campaign claiming that eProducts, instead of testing software before it is marketed, has customers "test" the software by using it. eProducts knows this is not true but begins to lose sales to Data Analytics. On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?

Accepted Answer

The answer of Data Analytics, Inc., and eProducts Corporation market...

Question 4

Ivy slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ivy is more than 50 percent at fault, she will recover

Accepted Answer

Under the "50 percent" rule, if the plaintiff (Ivy) is found to be more than 50 percent at fault for the accident, she cannot recover any damages. This rule is a form of comparative negligence where recovery is barred if the plaintiff's fault exceeds a certain threshold, in this case, 50 percent.

Question 5

Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as

Accepted Answer

As a professional engineer, Ricard is held to the same standard of care as other engineers in the same field. This standard of care requires that he exercise the level of skill, care, and diligence that a reasonable, prudent engineer in his position would use under similar circumstances.

Question 6

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

Accepted Answer

Comparative negligence allows for a reduction in recovery based on the percentage of fault attributed to the plaintiff. Therefore, even if Ichiro was only slightly at fault, his recovery may be reduced.

Question 7

Dian enters a car race, knowing that there is a risk of being injured in a crash. Dian assumes

Accepted Answer

Dian assumes the risk of being injured in a crash by participating in the car race. This type of risk is a foreseeable and inherent risk of participating in a car race, which is assumed by all participants. Therefore, it is reasonable to expect that Dian assumes this risk when deciding to enter the race.

Question 8

Bix backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as

Accepted Answer

The best choice is D because a reasonable person is the standard of care a driver must meet in operating their vehicle. If Bix failed to act as a reasonable person, they would be considered at fault for the accident and Dill may recover the cost of the repairs. Choices A, B, and C are not relevant legal standards of care.

Question 9

Mick hosts an NCAA basketball championship viewing party at his home, where Neff imbibes too much alcohol. Driving drunk after the party, Neff causes an accident in which Otto is injured. Under a dram shop act imposing liability on social hosts, Otto must prove

Accepted Answer

Under a dram shop act imposing liability on social hosts, Otto would need to prove the facts as stated, which typically include that the host served alcohol to an obviously intoxicated person who then caused harm due to their intoxication. Negligence or fault percentages are not directly relevant to establishing liability under such acts.

Question 10

Good Samaritan statutes were passed largely to protect, in emergency situations,

Accepted Answer

Good Samaritan statutes were primarily enacted to protect physicians and medical personnel who provide emergency care from liability, encouraging them to assist in emergencies without fear of legal repercussions.

Question 11

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that

Accepted Answer

The fact that Diego was not injured means that there was no actual harm done, which is an essential element of a negligence claim. Without harm, there can be no recovery.

Question 12

Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for

Accepted Answer

Conversion is the wrongful exercise of dominion over another's property. In this case, Outlet Sales Store unknowingly bought stolen goods, and they can be held liable for conversion if they are ordered to return the goods or pay the true owner for their value.

Quiz 6: Tort Law