Question 1

The tort of negligent hiring is distinct from tort liability predicated upon the doctrine of respondeat superior.

Accepted Answer

The tort of negligent hiring involves holding an employer liable for harm caused by an employee whom the employer knew, or should have known, was unfit for the job. Respondeat superior, on the other hand, is a legal doctrine that holds employers liable for harm caused by their employees in the course of employment. They are distinct legal concepts.

Question 2

The doctrine of "Res ipsa loquitur" means the thing speaks for others.

Accepted Answer

Res ipsa loquitur (the thing speaks for itself)applies when (1)the defendant has exclusive control of the instrumentality of harm (and therefore probable knowledge of,and responsibility for,the cause of the harm); (2)the harm that occurred would not ordinarily occur in the absence of negligence;and (3)the plaintiff was in no way responsible for his own injury.

Question 3

Attendees of free public lectures and church services would be called:

Accepted Answer

Invitees are individuals who have been invited onto a property for the benefit of the property owner, such as attendees of free public lectures and church services. Trespassers are individuals who enter a property without permission, licensees have permission to be on the property but do not benefit the property owner, and business visitors are individuals who enter the property for business purposes.

Question 4

Which of the following enters a property with the possessor's consent but for his/her own purpose?

Accepted Answer

A licensee is a person who enters a property with the owner's permission but for his/her own purpose. For example, a friend coming over to visit or a salesperson making a presentation is a licensee. Unlike an invitee, the licensee does not come to the property for the benefit of the owner.

Question 5

Under many "mixed" comparative negligence systems, a plaintiff recovers nothing where the plaintiff's own negligence is 50% or more.

Accepted Answer

Under the "50% Bar Rule" or "Modified Comparative Fault - 50% Bar Rule" system, a plaintiff is barred from recovering any damages if their own fault is determined to be equal to or greater than 50%. This is a type of mixed comparative negligence system where the plaintiff's recovery is reduced by their percentage of fault, except when their fault exceeds 50%.

Question 6

Proximate causation presupposes the existence of actual or but-for causation; you can't have the former without the latter.

Accepted Answer

Proximate causation refers to the immediate cause of an event or injury, while actual or but-for causation refers to the underlying cause that set the event or injury in motion. Proximate causation cannot be determined without first establishing actual or but-for causation.

Question 7

The "modified impact rule" does not require an element of direct physical contact.

Accepted Answer

The modified impact rule applies generally to physical injuries,which,as explained in Atlantic Coast Airlines v.Cook,is "the modified impact rule maintains the requirement of a direct physical impact but that impact need not create physical injury."

Question 8

Someone confronted with an emergency requiring rapid decisions and action need not employ the same level of caution and deliberation as someone in circumstances allowing for calm reflection and deliberate action. This exception reflects the consideration of _____ in a negligence case.

Accepted Answer

The exception reflects the consideration of context in a negligence case.

Question 9

In a strict liability case, the plaintiff must prove that the defendant breached a duty.

Accepted Answer

In a strict liability case, the plaintiff does not need to prove that the defendant breached a duty. Instead, the plaintiff only needs to prove that the defendant engaged in a certain activity (such as producing a dangerous product) and that the plaintiff was harmed as a result.

Question 10

Unforeseeable acts are held to be an intervening cause.

Accepted Answer

Unforeseeable acts, also known as intervening causes, are events or circumstances that occur after the defendant's allegedly wrongful act or omission and that contribute to the plaintiff's injury or loss. These acts may include natural disasters, actions of third parties, or the plaintiff's own negligence. In legal terms, an intervening cause may break the chain of causation between the defendant's conduct and the plaintiff's harm, and may relieve the defendant of liability. However, whether an act is truly unforeseeable and constitutes an intervening cause is often a question of fact for the jury to decide.

Question 11

Generally, property owners do not owe a duty of care to trespassers, who regularly enter the land without authorization.

Accepted Answer

Traditionally,property owners did not owe a duty of care to trespassers.However,in recent years,many courts impose a duty of care on property owners for trespassers who are known to regularly enter the land,especially regular ones like children.

Question 12

Negligent defendants are never liable for the consequences of an unforeseeable intervening cause.

Accepted Answer

Negligent defendants may still be held liable for the consequences of an unforeseeable intervening cause if the defendant's negligence was a substantial factor in causing the harm. The key is whether the defendant's conduct was a proximate cause of the harm, rather than whether the intervening cause was foreseeable.

Question 13

In many cases, a blind person will be held to a different standard of reasonable care than a person who can see.

Accepted Answer

This is because a blind person may not have access to the same sensory information and may face additional challenges in navigating their environment safely. Therefore, the law recognizes this and may require a different standard of care for blind individuals.

Question 14

Which of the following enters a land without its possessor's consent and without any other privilege?

Accepted Answer

Trespassers enter a land without the possessor's consent and without any other privilege. Invitees are visitors who enter a land with the possessor's express or implied consent, while guests are also visitors who enter a land with the possessor's consent but for the purpose of hospitality. Licensees are visitors who enter a land with the possessor's permission but for their own purposes.

Question 15

Whatever the type of injury experienced by the plaintiff, the usual rule is that only punitive damages are recoverable in a negligence case.

Accepted Answer

This statement is false. In a negligence case, both compensatory damages (e.g. medical expenses, lost wages, pain and suffering) and punitive damages may be recoverable, depending on the circumstances of the case.

Question 16

Special duties that run from possessors of real estate to those who enter the property are called "premises liability" cases.

Accepted Answer

Premises liability cases involve the legal responsibility of a property owner or occupier to maintain safe conditions for those who enter the premises. This can include duties to warn of potential hazards, make necessary repairs, and ensure that the property is reasonably safe for visitors.

Question 17

In a case involving an ultrahazardous or abnormally dangerous activity, the plaintiff must prove recklessness on the defendant's part. Any lower fault standard would be unfair to the defendant in such cases.

Accepted Answer

In a case involving an ultrahazardous or abnormally dangerous activity, the plaintiff does not need to prove recklessness on the defendant's part. Instead, the plaintiff only needs to prove that the activity was abnormally dangerous and that it caused their harm or damages. This is because the defendant is held strictly liable for any harm caused by such activities, regardless of their level of fault or intentionality.

Question 18

Social guests are licensees in some states.

Accepted Answer

In certain states, social guests have been classified as licensees, meaning they are owed a duty of care by the property owner or occupier. This means that the property owner has a responsibility to protect them from foreseeable harm and dangerous conditions on the property.

Question 19

In some states that have eliminated assumption of risk as a separate defense; assumption of risk reappears as one of the many kinds of fault that a court must weigh in applying the state's comparative fault defense.

Accepted Answer

In some states, assumption of risk is considered as one of the factors to be weighed under comparative fault defense.

Question 20

Negligence cases that address duties that run from possessors of real estate (land and buildings) to those who enter that property are often called:

Accepted Answer

The term "premises liability cases" specifically refers to negligence cases where the duty of care is owed by property owners or possessors to individuals who enter their property. These cases often involve injuries resulting from slip-and-fall accidents, inadequate security measures, or other hazardous conditions on the property.

Quiz 7: Negligence and Strict Liability