Deck 4: Negligence: Duty

Question 1

The common law focused on protecting the rights of landowners as opposed to possessors of land.

Answer 1

False

Question 2

Two exceptions to the no-duty rule regarding trespassers are and the .

Answer 2

the attractive nuisance doctrine, rescue doctrine

Question 3

According to the doctrine of _, a defendant is liable for the acts of another even though the defendant is not at fault.

Answer 3

vicarious liability

Question 4

A possessor of land has a duty to warn a(n) of a dangerous condition and a duty to inspect the premises for hidden dangers in the case of a(n) .

Question 5

In terms of determining the duty owed to one who enters another's land, a social guest is considered a(n) , while a person having a business purpose is considered a(n) .

Question 6

The status of a trespasser whose presence is known by the possessor is elevated to that of a licensee.

Question 7

In general, a defendant has a duty to act .

Question 8

The concept of respondeat superior involves a special relationship between an and an .

Question 9

A landowner has a duty to inspect his or her premises for hidden dangers and protect a licensee from those dangers.

Question 10

A statute that absolves people of liability for assisting another as long as reasonable care is used in providing that assistance is referred to as a(n) statute.

Question 11

Under no conditions does a possessor of land owe any duty of care to a trespasser.

Question 12

The doctrine holds the owner of a car liable for the torts committed by those members of the family who drive the car with the owner's permission.

Question 13

A defendant is not liable for injuries suffered by a person who attempts to rescue the individual imperiled by the defendant.

Question 14

Under the doctrine, a defendant who owes the plaintiff no duty of protection is still liable if he or she begins to protect the plaintiff and does so negligently.

Question 15

Some courts have abandoned the common law classifications when determining the duty owed by a landowner.

Question 16

To be classified as an invitee, an individual must be engaging in business at the time of his or her injury.

Question 17

A possessor owes a duty to warn known trespassers of a hazard he or she knows is in dangerous proximity to the trespassers if he or she believes the trespassers will not discover the hazard or understand its dangerousness.

Question 18

A case involves a question of a store owner's liability when a customer is injured after falling in the store due to a dangerous condition.

Question 19

The analysis of duty for a public entity is very different from the analysis conducted for a private individual.

Question 20

Landowners are required essentially to make their premises childproof.

Question 21

If a landlord has no contractual obligation to make repairs, the landlord has no obligation to finish whatever repairs he or she begins in a timely manner.

Question 22

What is the duty of care owed to each of the following? a. Trespasser b. Licensee c. Invitee d. One outside the possessor's premises

Question 23

What potential problems does Tarasoff create for professionals?

Question 24

Name three things a plaintiff must argue if he or she wishes to claim injury by an attractive nuisance.

Question 25

A seller of land is absolutely released from all liability once he or she transfers possession of property to the buyer.

Question 26

The rationale underlying the doctrine of respondeat superior is that the expense resulting from accidents occurring on the job should be borne by employers and should be considered part of the cost of doing business.

Question 27

A tavern owner who sells liquor to an obviously intoxicated individual may be liable for injuries inflicted by that individual.

Question 28

Name two duties owed by a landlord to a tenant.

Question 29

No duty of care is owed an unborn child.

Question 30

According to the common law a defendant had no obligation to save someone who was drowning if no special relationship existed between them, even if the defendant could do so without bringing harm upon him- or herself.

Question 31

An individual is under no obligation to continue administering care once he or she has come to the rescue of a person in need.

Question 32

The definition of reasonable care expected of a landowner/possessor depends on how the premises are used, but in no case is a landowner/possessor held responsible for the actions of third parties.

Question 33

A licensee is elevated to an invitee by performing incidental services for his or her host.

Question 34

Describe the rescue doctrine.

Question 35

An employer is vicariously liable for the acts of its employees even if an employee is acting on his or her behalf and not the employer's when the employee commits a tort.

Question 36

A possessor of land is more likely to be found liable for injuries caused to those outside of his or her premises if the cause of the injury stems from a natural condition rather than an artificial condition.

Question 37

When an invitee's reason for being on the premises becomes social rather than business, he or she becomes a licensee.

Question 38

A university owes no duty of care to its students to protect them from harm.

Question 39

Name two ways in which an invitee can lose his or her status.

Question 40

A tenant is generally not liable for injuries that occur in the stairways or corridors of a building in which he or she is a tenant.

Question 41

What duty of care does a seller of land owe to a buyer?

Question 42

In what way is the concept of vicarious liability implicated in the respondeat superior doctrine?

Question 43

What is one argument a tenant might make to support his or her contention that a landlord has an obligation to provide tenants some security against criminal attack by third parties?