Deck 4: Special Negligence Actions

Question 1

Which of the following is not associated with the scope of employment?

A) Coming and going rule
B) Frolic and detour rule
C) Respondeat superior
D) All of the above are associated with scope of employment.

Answer 1

D

Question 2

Many state legislatures have enacted motor vehicle vicarious liability statutes.

Answer 2

True

Question 3

Licensees are persons invited onto another's land.

Answer 3

False

Question 4

In motor vehicle consent statutes,

A) vicarious liability is imposed on owners of vehicles for the negligence of drivers of other vehicles.
B) vicarious liability is imposed on pedestrians.
C) vicarious liability is imposed on bystanders.
D) vicarious liability is imposed on the owner of the vehicle for the negligence of those who drive his or her vehicle.

Question 5

Respondeat superior is normally associated with which type of negligence case?

A) Negligent infliction of emotional distress
B) Absolute liability
C) Vicarious liability
D) None of these choices.

Question 6

In vicarious liability, the ______ is liable for the torts of the _______.

A) agent; principal
B) defendant; plaintiff
C) principal; agent
D) plaintiff; defendant

Question 7

The theory of absolute liability and the theory of negligence per se are essentially the same.

Question 8

Scope of employment means the range of conduct that an employer expects an employee to perform as part of his or her job.

Question 9

A person who hires an independent contractor is usually liable for the independent contractor's torts.

Question 10

Lauren walked into a grocery store to buy some vegetables. As she walked down an aisle, she slipped on some spilled milk and fell down, breaking her arm. For purposes of premises liability, Lauren would be classified as

A) an invitee.
B) a licensee.
C) a trespasser.
D) an occupier.

Question 11

Keeping in mind any applicable defenses, which of the following examples best shows negligence per se?

A) Myron parks his truck in a no-parking zone. Dixie parks her motorcycle behind it at a parking meter. The truck jumps out of gear and rolls over the motorcycle.
B) As Allison crosses her neighbor's land to reach a fishing stream, she falls into a clearly visible abandoned well. A state statute requires landowners to seal such wells.
C) Bubba owns a restaurant. One of his customers is injured when a grease fire breaks out on the grill. The local health code requires restaurants to clean food preparation surfaces daily. Bubba's grill had not been cleaned for several weeks.
D) Daniel Li stores a can of lighter fluid on his apartment balcony. This violates his lease. The can overheats and explodes, burning down the building.

Question 12

Treyvon walked into a construction site after working hours. He slipped and fell into an open pit, injuring himself. For purposes of premises liability, Treyvon would be classified as

A) an invitee.
B) a licensee.
C) a trespasser.
D) an occupier.

Question 13

The coming and going rule

A) states that employers are not vicariously liable for the negligence of their employees while the employees are coming and going to work.
B) states that employers are vicariously liable for the negligence of their employees.
C) is the same as the frolic and detour rule.
D) None of these choices.

Question 14

In some jurisdictions, recovery for negligent infliction of emotional distress is partially limited to cases in which the plaintiff witnesses serious injury to a family member.

Question 15

As a general rule, employers are vicariously liable for torts committed by employees as they come from and go to work.

Question 16

The special negligence rule that applies to trespassing children is called attractive nuisance.

Question 17

With regard to vicarious liability, employment is an essential element in proving the principal/agent relationship.

Question 18

Mike is a door-to-door salesperson. As he walks to Holly's apartment door, he slips on a roller skate. For purposes of premises liability, Mike would be classified as

A) an invitee.
B) a licensee.
C) a trespasser.
D) an occupier.

Question 19

An independent contractor is distinguishable from an employee because

A) an independent contractor supplies his or her own tools.
B) an employer does not deduct social security taxes for an independent contractor.
C) an employer does not control how an independent contractor performs work.
D) All of these choices.

Question 20

Many states have abolished the three-tier landowner standards of care.

Question 21

Respondeat superior means

A) the respondent is liable.
B) let the superior answer.
C) let the respondent provide.
D) None of these choices.

Question 22

According to the zone of danger rule,

A) only bystanders who are outside the zone of danger are responsible for negligence.
B) only bystanders who are in the zone of danger can recover for negligent infliction of emotional distress.
C) bystanders cannot recover for physical harm.
D) bystanders cannot recover for emotional distress.

Question 23

Which of the following is not associated with negligent infliction of emotional distress?

A) The frolic and detour rule
B) The physical manifestations rule
C) The zone of danger rule
D) The sensory perception rule

Question 24

Emotional distress includes which of the following?

A) Fright
B) Grief
C) Embarrassment
D) All of these choices.

Question 25

In actions involving negligence per se,

A) negligence is presumed because of the tortfeasor's violation of a statute.
B) negligence cannot be presumed.
C) negligence is presumed if injury occurs to minors.
D) negligence is presumed if injury occurs to persons with special relationships.