Question 1

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 2

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 3

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

Accepted Answer

By participating in a car race, Dian implicitly assumes the risks that are inherent to the activity, including the risk of being injured in a crash. This is a common understanding in activities known to carry inherent dangers.

Question 4

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 the plaintiff's recovery amount based on the plaintiff's percentage of fault, even if it is slight. This means that if Ichiro was found to be at fault to any degree, his recovery could be reduced accordingly.

Question 5

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

Dill may recover damages if Bix failed to act as a reasonable person. This standard implies that Bix did not exercise the level of care that someone of ordinary prudence would have under similar circumstances.

Question 6

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 7

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 correct answer because it involves the unauthorized possession or use of someone else's property, leading to a lawsuit where the true owner can recover the property or its value.

Question 8

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

Ricard, as an engineer, is held to the standard of care of other engineers, not to the standard of ordinary persons, other professionals in different fields, or those injured in the collapse.

Question 9

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 10

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

Accepted Answer

Retail stores like DIY have a legal obligation to warn their invitees of hidden dangers that the invitees might not be able to identify on their own. This does not extend to all possible dangers or to dangers the business could not reasonably be expected to know about.

Question 11

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 12

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

Since Diego was not injured, Cato can argue that there is no basis for a negligence claim because a key element of negligence—actual harm or injury—is missing.

Quiz 6: Tort Law