Question 1

Precision Craft, Inc., makes tools. While using a Precision tool to replace an electrical fixture, Stan neglects to shut off the power and is electrocuted. Stan's heirs file a suit against Precision. In a contributory negligence jurisdiction, the plaintiffs could recover​

Accepted Answer

In a contributory negligence jurisdiction, if the plaintiff is found to have contributed to their own injury, even if only slightly, they are barred from recovering any damages from the defendant. Therefore, the plaintiffs would not be able to recover anything from Precision in this case.

Question 2

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 3

A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn's car, injuring her. Jocelyn's best theory for recovery against Hale and Interstate Trucking is​

Accepted Answer

The Georgia state statute requiring commercial vehicle drivers to "fully attend to the operation of the vehicle" establishes a duty of care that Hale and Interstate Trucking owe to other drivers on the road. By talking on his phone while driving, Hale likely violated that duty, making him and his employer potentially liable for negligence. Since the statute sets a specific standard of conduct (i.e. "fully attend to the operation of the vehicle"), Jocelyn may be able to establish negligence per se, which allows her to automatically prove a breach of duty without having to establish that Hale acted unreasonably or failed to exercise due care.

Question 4

Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an advertising 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 5

Elise, an emergency medical technician renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under​

Accepted Answer

Emergency medical technicians, like Elise, are often protected from liability under Good Samaritan statutes when rendering aid in emergency situations. These statutes are designed to encourage people to provide aid without fear of being sued for unintended harm or injury.

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 plaintiff's recovery to be reduced by the percentage of their fault, even if they were only slightly at fault. This means that if Ichiro was found to be at fault to any degree, his recovery could be reduced accordingly.

Question 7

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is​

Accepted Answer

The answer of Driving his motorcycle negligently, Joe crashes into...

Question 8

An Illinois state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons. Jasper's Fun Park fails to maintain its equipment. Kaitlin, a patron, is thereby injured. Jasper's committed​

Accepted Answer

Jasper's Fun Park committed negligence by failing to maintain its equipment as required by state statute, which resulted in harm to Kaitlin, a patron. Negligence occurs when there is a duty of care owed by one party to another, a breach of that duty, and damages caused by the breach. In this case, Jasper's had a duty of care to maintain its equipment for the protection of its patrons, it breached that duty by failing to maintain the equipment, and Kaitlin suffered damages as a result of the breach. Assault, battery, and false imprisonment involve intentional or reckless conduct, which does not apply in this case.

Question 9

Cal is driving a car in which Duff is a passenger when an accident occurs. Cal and Duff are emotionally rattled, but neither is physically hurt. Cal is not liable to Duff on a negligence theory because​

Accepted Answer

Duff was not injured, which is a necessary element for a negligence claim. Negligence requires that the plaintiff suffer actual harm or injury, which did not occur in this scenario.

Question 10

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional, Richard is held to the same standard of care as​

Accepted Answer

As an engineer, Richard is held to the same standard of care as other engineers in the same field. This standard of care is higher than that expected of ordinary persons, but not necessarily the same as other professions such as doctors, dentists, and lawyers. The injuries of those affected by the road collapse are not relevant to Richard's standard of care.

Question 11

Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks​

Accepted Answer

As a spectator, Robin assumes the risks normally associated with the tournament. This means the risks that are common and expected to occur during such sporting events, such as being hit by a stray ball, slipping on wet surfaces, or getting injured due to the physical activity of the players. Robin cannot be expected to assume greater risks or risks that are different from what is normally associated with this particular event.

Question 12

Omar, a driver for Piece'a Pizza Delivery Service, causes a multi-vehicle accident on a city street. Omar and Piece'a Pizza are liable to​

Accepted Answer

Omar and Piece'a Pizza are liable for the injuries of those whose injuries could have been reasonably foreseen, but not necessarily all those who were injured. Liability is based on the concept of negligence, meaning that a person or business is only responsible for damages that were reasonably foreseeable as a result of their actions. In this case, if it was reasonable to foresee that Omar's actions could lead to certain injuries, then Omar and Piece'a Pizza would be liable for those injuries.

Quiz 8: Tort Law

Precision Craft, Inc., makes tools. While using a Precision tool to replace an electrical fixture, Stan neglects to shut off the power and is electrocuted. Stan's heirs file a suit against Precision. In a contributory negligence jurisdiction, the plaintiffs could recover​

Elise, an emergency medical technician renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under​

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​

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is​

An Illinois state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons. Jasper's Fun Park fails to maintain its equipment. Kaitlin, a patron, is thereby injured. Jasper's committed​

Cal is driving a car in which Duff is a passenger when an accident occurs. Cal and Duff are emotionally rattled, but neither is physically hurt. Cal is not liable to Duff on a negligence theory because​

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional, Richard is held to the same standard of care as​

Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks​

Omar, a driver for Piece'a Pizza Delivery Service, causes a multi-vehicle accident on a city street. Omar and Piece'a Pizza are liable to​

Precision Craft, Inc., makes tools. While using a Precision tool to replace an electrical fixture, Stan neglects to shut off the power and is electrocuted. Stan's heirs file a suit against Precision. In a contributory negligence jurisdiction, the plaintiffs could recover

Elise, an emergency medical technician renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under

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

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is

An Illinois state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons. Jasper's Fun Park fails to maintain its equipment. Kaitlin, a patron, is thereby injured. Jasper's committed

Cal is driving a car in which Duff is a passenger when an accident occurs. Cal and Duff are emotionally rattled, but neither is physically hurt. Cal is not liable to Duff on a negligence theory because

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional, Richard is held to the same standard of care as

Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks

Omar, a driver for Piece'a Pizza Delivery Service, causes a multi-vehicle accident on a city street. Omar and Piece'a Pizza are liable to