Deck 11: Negligence: Duty

Question 1

Since Good Samaritans are not paid for the help they provide, they can never be sued for negligence.

Answer 1

False

Question 2

Under the Andrews test, the plaintiff is not owed a duty unless he or she was in the zone of danger.

Answer 2

False

Question 3

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
wrongful (illegal) actions by a public official

Answer 3

A

Question 4

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
duty owed to someone in the zone of danger

Question 5

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
affirmative conduct that is improper or unreasonable

Question 6

Without a special relationship, the existence of a duty depends on affirmative conduct.

Question 7

The duty of reasonable care requires the defendant to prevent all harm to the plaintiff.

Question 8

An unforeseeable plaintiff is someone who was not in the zone of danger.

Question 9

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
dissenting opinion in Palsgraf

Question 10

Those who engage in gratuitous undertakings do not have a duty to exercise reasonable care.

Question 11

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
the area within which it is foreseeable that someone may be injured

Question 12

Palsgraf is a famous case that helped define the meaning of breach of duty in negligence cases.

Question 13

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
someone not in the zone of danger

Question 14

Nonfeasance can never be the basis of negligence liability.

Question 15

Rich is a doctor.One day while strolling in the park he sees Adam, a stranger, choking on an apple.Rich does nothing to help Adam.Adam sues Rich for negligently failing to help him.

A)Rich had a duty to help Adam, because as a doctor it would have been easy for Rich to do so.
B)Rich did not have a duty to help Adam, because of the emergency that Adam faced.
C)Rich had a duty to help Adam because of the Tarasoff decision on doctors.
D)Rich did not have a duty to help Adam because there was no special relationship between Rich and Adam.

Question 16

The Andrews test is broader than the Cardozo test.

Question 17

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
someone in the zone of danger

Question 18

Vince falls down the stairs in his home.Luckily, he has his cell phone in his pocket.While immobilized on the floor, he calls a neighbor to ask the neighbor to call an ambulance.The neighbor says, "I'll take care of it." The neighbor gets distracted and forgets to call the ambulance.Vince sues the neighbor for negligence.

A)The neighbor did not have a duty to help Vince because the neighbor's promise to call the ambulance was gratuitous.
B)The neighbor had a duty to help Vince even though the promise to call the ambulance was gratuitous.
C)The neighbor had a duty to help Vince because of the special relationship that exists between neighbors.
D)The neighbor did not have a duty to help Vince because there was no affirmative conduct by the neighbor that endangered Vince.

Question 19

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
something of value that is exchanged between parties

Question 20

The Ace Pesticide Company (APC) is hired by Irene to spray chemicals on her farm.On the day of the spraying it was unexpectedly windy.Some of the pesticide fell on George's crops.George's farm is adjacent to Irene's.George sues APC for negligence.

A)APC did not owe a duty to George because APC was not hired by George.
B)APC owed a duty to George because its affirmative conduct put George's crops at risk.
C)APC owed a duty to George if the spraying was illegal.
D)APC did not owe a duty to George because the damage to George's crops was caused by an act of God, the unexpected wind.

Question 21

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
needed to impose a duty in the absence of affirmative conduct

Question 22

When does a duty arise in nonfeasance cases?

Question 23

When can a gratuitous promise lead to the imposition of a duty?

Question 24

List seven categories of special relationships.

Question 25

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
failure to act

Question 26

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
performed or given without a duty or obligation to do so

Question 27

What is the difference between the zone-of-danger test of the majority opinion in Palsgraf and the world-at-large test of the dissenting opinion in Palsgraf?

Question 28

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
doing something

Question 29

Define duty in the broadest sense.

Question 30

MATCHING
a.duty
b.foreseeable plaintiff
c.unforeseeable plaintiff
d.Cardozo test
e.Andrews
f.zone of danger
g.misfeasance
h.nonfeasance
i.malfeasance
j.special relationship
k.undertaking
l.gratuitous
m.consideration
an obligation to conform to a standard of conduct

Question 31

In the law of negligence, what is the general rule on duty?