Question 1

Under a pure comparative negligence system:

Accepted Answer

The "pure" comparative negligence system allows plaintiffs to recover the portion of their losses not attributable to their fault.

Question 2

Which of the following is a general negligence causation rule?

Accepted Answer

One basic negligence causation rule is that negligent defendants "take their victims as they find them." This means that if some physical peculiarity of a person aggravates his or her injuries,the defendant is liable for the full extent of the injuries.

Question 3

Under a comparative negligence system,if Chez is responsible for 40% of his injuries:

Accepted Answer

Recently,most states have abandoned contributory negligence and last clear chance and adopted a comparative negligence system.This is seen as fairer because it distributes the cost of the accident according to the degree of both plaintiff's and defendant's fault.

Question 4

The doctrine of _____ holds that even though the plaintiff was negligent,he/she can still recover if it can be shown that the defendant had the last opportunity to avoid the harm.

Accepted Answer

Contributory negligence can produce harsh results.To ease the harshness of this result,a number of courts adopted the doctrine of last clear chance.This doctrine holds that even though plaintiff was negligent,he or she can still recover if it can be shown that the defendant had the "last clear chance" to avoid the harm.

Question 5

Which of the following is true about the doctrine of res ipsa loquitur?

Accepted Answer

If the defendant had exclusive control of the thing that caused the injury,and the injury that occurred would not ordinarily happen in the absence of negligence,the doctrine of res ipsa loquitur ("the thing speaks for itself ")creates an inference of negligence.If the defendant was in fact negligent,he or she will be understandably reluctant to disclose facts that prove liability.

Question 6

Negligent persons are generally held jointly liable (along with the negligent physician)for negligent medical care their victims receive for their injuries.This is true according to:

Accepted Answer

Regardless of what test for proximate cause the courts adopt,they generally agree on certain basic principles of causation.Negligent persons are generally held liable for diseases their victims contract while weakened by their injuries,and jointly liable (along with the negligent physician)for negligent medical care their victims receive for their injuries.

Question 7

In addition to demonstrating actual emotional distress,if a third party wants to recover for negligent infliction of emotional distress,the plaintiff must show that:

Accepted Answer

Courts are also increasingly allowing third parties to recover for emotional distress resulting from witnessing harm caused to another person by defendant's negligent acts.Generally,these courts require that the person actually witness the injury,that it be to a close relative,and that he or she suffer serious emotional distress as a result.

Question 8

A van from Mario's Squibb Company is damaged by a heavy metal keg,which rolls out of the second floor window of the two storied Toss-Co.Flower building.Toss-Co.Flower is the sole occupant of the building.Although the van was parked under the window while making a delivery at the Toss Co.receiving dock,no one admits to having seen the keg fall,nor are there any witnesses who can state where the keg was just before the accident.Can Mario recover against Toss-Co.for negligence?

Accepted Answer

If the defendant had exclusive control of the thing that caused the injury,and the injury that occurred would not ordinarily happen in the absence of negligence,the doctrine of res ipsa loquitur ("the thing speaks for itself")creates an inference of negligence.This puts the burden on the defendant to show that the injury was not caused by his or her negligence.If the defendant fails to do so,he or she may be found liable.

Question 9

If Nancy steps into the path of George's speeding car without checking to see whether any cars are coming,her ____ would prevent her from receiving damages for her injuries from George.

Accepted Answer

One of the traditional defenses to negligence is contributory negligence.These defenses are based on the idea that everyone has a duty to exercise reasonable care for his or her own safety.Persons who fail to exercise such care should not be able to recover because their own behavior helped cause their injuries.

Question 10

Violetta was injured in a bike accident while on a ride with Alfredo,who she knew was intoxicated.A court would regard this as:

Accepted Answer

There are some cases in which plaintiffs in negligence suits have voluntarily exposed themselves to a known danger created by another's negligence.Such plaintiffs have assumed the risk of injury and are barred from recovery.The plaintiff must fully understand the nature and extent of the risk to be held to have assumed it.

Question 11

Tosca took his friend Scarpia to the amusement park for a roller coaster ride.Due to the intensity of the ride,Scarpia,who had an especially weak heart,died of a heart attack there.This would be considered an act of negligence in accordance with the concept of:

Accepted Answer

One basic negligence causation rule is that negligent defendants "take their victims as they find them." This means that if some physical peculiarity of a person aggravates his or her injuries,the defendant is liable for the full extent of the injuries.

Question 12

Which of the following statements is true for assumption of risk?

Accepted Answer

There are some cases in which plaintiffs in negligence suits have voluntarily exposed themselves to a known danger created by another's negligence.Such plaintiffs have assumed the risk of injury and are barred from recovery.The plaintiff must fully understand the nature and extent of the risk to be held to have assumed it.

Question 13

Rachel saw her sister Rebecca being hit by a car.She rushed to help her and later accompanied her to the hospital.Unfortunately her sister died several hours later.Rachel,who received psychiatric treatment as a result of the traumatic experience,sued for emotional distress.Which of the following is true for Rachel?

Accepted Answer

Courts are also increasingly allowing third parties to recover for emotional distress resulting from witnessing harm caused to another person by defendant's negligent acts.Generally,these courts require that the person actually witness the injury,that it be to a close relative,and that he or she suffer serious emotional distress as a result.

Question 14

Penny had negligently left marbles on the steps of her house.When Bijou came to visit,she broke her leg by slipping on those marbles and severely damaged her spine.While in the hospital recovering from her fall,her body being weak from all the antibiotics,she readily contracted a viral infection.Under these circumstances,Penny is liable:

Accepted Answer

Negligent persons are generally held liable for diseases their victims contract while weakened by their injuries.

Question 15

If Harry's negligent act injures Sally,and Susan,while attempting to come to Sally's aid breaks her arm in the process then,Harry is liable for the harm to __.

Accepted Answer

Negligent persons are also generally liable for injuries sustained by those who are injured while making reasonable attempts to avoid being injured by the negligent person's acts.It is also commonly said that "negligence invites rescue," and that negligent persons should be liable to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person's act.

Question 16

In an act of recklessness,Robert bets his friends that he can drive down a crowded street blindfolded,and ends up striking Tom.Under which of the following circumstances would Tom be barred any recovery from Robert?

Accepted Answer

Recklessness is more morally objectionable than negligence but less objectionable than intentional wrongdoing.Therefore,contributory negligence is not a good defense to recklessness,but assumption of risk is a good defense.

Question 17

Emmie worked late nights at a convenience store.The store had been robbed several times.One night Emmie discovered that the "emergency alert" security system was not working.The owner of the store told her that he would have the system repaired promptly.Nevertheless,a month went by before the system was repaired.In the meantime,the store was robbed while Emmie was working and,in the course of the robbery,the perpetrator broke Emmie's leg.Under these circumstances,Emmie may:

Accepted Answer

If the defendant didn't guard against all foreseeable harms he or she is liable.Some courts hold defendants liable only for the reasonably foreseeable results of their negligence.Others hold defendants liable only for injuries to plaintiffs who are within the scope of the foreseeable risk.

Question 18

Which of the following statements is true for both contributory negligence and assumption of the risk?

Accepted Answer

The two traditional defenses to negligence are contributory negligence and assumption of risk.These defenses are based on the idea that everyone has a duty to exercise reasonable care for his or her own safety.

Question 19

A defendant is guilty of recklessness when:

Accepted Answer

When a defendant's behavior indicates a "conscious disregard for a known high degree of probable harm to another," the defendant is guilty of recklessness.Like negligence,recklessness involves posing a foreseeable risk of harm to others.

Question 20

An intervening force,which happens after the defendant's negligent act and contributes to the plaintiff's injury,can excuse the defendant from liability if:

Accepted Answer

Courts also consider whether an intervening force,which happens after the defendant's negligent act and contributes to the plaintiff's injury,should excuse the defendant from liability.Usually,the courts say that only if the intervening force was foreseeable,it will not excuse the defendant from liability.

Quiz 7: Negligence and Strict Liability