Deck 6: Torts and Strict Liability

Question 1

Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose. Jessica manages to stop the bleeding and rushes out to the nearest pharmacy-three miles away-to get medication for him. While doing so, she locks the house from outside and asks Kyle not to leave the house till she returns. The only way he can get out of the house is by breaking a window. Due to a roadblock on her way back, Jessica is delayed by an hour. Which of the following statements is true in this case?

A) Jessica is liable for kidnapping.
B) Jessica is liable for negligence as well as breach of duty of care.
C) Jessica can be sued for false imprisonment.
D) Jessica is not liable for prosecution for an intentional tort.

Answer 1

Jessica is not liable for prosecution for an intentional tort.

Question 2

After the local newspaper accused Town Treasurer Smith, a little-known town administration official, of embezzlement, the Treasurer spoke to her attorney about suing the paper. The attorney informed the Treasurer that in order to succeed in court, she would have to prove that the newspaper acted with actual malice. This is because ________.

A) the Treasurer is a public figure
B) newspapers are exempt from lawsuits
C) allegations of corruption are protected speech
D) the Treasurer is a public official

Answer 2

the Treasurer is a public official

Question 3

False statements that appear in a letter, newspaper, magazine, book, photograph, movie or video are ________.

A) false imprisonment
B) slander
C) malicious prosecution
D) libel

Answer 3

slander

Question 4

A civil action lawsuit in which the original defendant sues the original plaintiff for damages is known as ________.

A) malicious prosecution
B) strict liability
C) disparagement
D) slander

Question 5

Which of the following is true about the duty of care?

A) Breach of the duty of care is not actionable unless the plaintiff suffers personal injury or injury to his or her property.
B) The reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff.
C) A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care.
D) The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

Question 6

George, Jerry, and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during take-off. The airline is sued by all three together for injuries caused, and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?

A) George, a retired professor who gets a pension of $50,000 a year
B) Jerry, a football player who earns $2 million a year
C) Harry, a chartered accountant who earns $200,000 a year
D) All the men recover the same amount of damages, irrespective of their income or profession.

Question 7

A failure to exercise care or to act as a reasonable person would act is a breach of the ________.

A) res ipsa loquitur
B) contract
C) peace
D) duty of care

Question 8

Briefly discuss "actual cause"and "proximate cause,"and explain the test for determining whether each of these necessary elements of negligence are present in a given case.

Question 9

Michael wanted to try out his new hand gun. He set up a target in his back yard for firing practice. Stella's house, which is located on the lot directly behind Michael's property, happened to be directly in the line of fire. Michael's first shot missed the target and the bullet crashed through Stella's kitchen window, striking and seriously injuring her. Which of the following legal theories would be best for Stella's attorney to use in a lawsuit against Michael?

A) doctrine of unintentional tort
B) doctrine of proximate cause
C) res ipsa loquitur
D) gross negligence

Question 10

A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care is ________.

A) negligence per se
B) res ipsa loquitur
C) strict liability
D) proximate cause

Question 11

________ is the liability of a professional who breaches his or her duty of ordinary care.

A) Proximate cause
B) Professional malpractice
C) Res ipsa loquitur
D) Strict liability

Question 12

What is a Good Samaritan law, and what is the rationale for having such a law?

Question 13

One of the requirements for the assumption of the risk defense is that the plaintiff ________.

A) had a general knowledge of the risk involved
B) had knowledge of the specific risk
C) had no knowledge of the risk involved
D) had been defrauded with regards to the risk involved

Question 14

At the Mi-T-Hi Skydiving School, before a new student takes their first jump, the student must meet alone with the instructor. During this meeting the instructor explains to the student that there is no penalty if they drop out. The instructor also wants to get assurance from the student that he or she was not being pressured into taking the class. Which requirement of the assumption of the risk defense might this procedure help prove if there was a trial?

A) that the student had knowledge of the specific risk involved
B) that the student understands the procedures for a tandem jump
C) that the student had adequate life insurance
D) that the student voluntarily assumed the risk involved

Question 15

Explain the rationale for the assumption of the risk defense.

Question 16

A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red "Do Not Walk" sign. The jury finds that the driver was 80 percent responsible for the accident and the jaywalker was 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory negligence to interpret such cases, the pedestrian is entitled to recover ________.

A) no damages from the driver
B) $100,000 from the driver
C) $20,000 from the driver
D) $80,000 from the driver

Question 17

Ruggers is a maker of a range of highly popular cruise motorcycles. Tim buys a Ruggers motorcycle from a dealership and suffers an accident. While recuperating from his injuries, he learns that Ruggers has recalled all motorcycles it had manufactured and sold in the previous two years, owing to a previously unknown defect in their braking systems. Tim brings a product liability lawsuit against the motorcycle manufacturer and claims $50,000 in damages. The defect in the motorcycle is found to be half responsible for the accident, while Tim's own negligence of traffic rules contributed to the rest. Under the doctrine of contributory negligence, what would be the ruling of the court hearing this case?

A) Tim cannot recover any damages from the motorcycle manufacturer.
B) Tim can recover $25,000 worth of damages from the Ruggers and the rest from the dealership from which he purchased the motorcycle.
C) Tim can recover $50,000 worth of damages plus any punitive damages that may be awarded by the jury.
D) Tim can recover $50,000 worth of damages from the motorcycle manufacturer.

Question 18

A doctrine under which damages are apportioned according to fault is known as ________.

A) proximate cause
B) assumption of the risk
C) contributory negligence
D) comparative negligence

Question 19

Jim suffered an injury in an automobile accident in which he was partially at fault. Jim met with an attorney who explained to Jim how courts in their state view situations where the plaintiff was at least partially at fault. The attorney told Jim that in their state, plaintiffs suing for negligence have to be less than 50 percent responsible for causing his or her own injuries in order to recover any damages; otherwise the plaintiff receives nothing. The attorney explained that Jim's state has adopted the doctrine of ________.

A) comparative negligence
B) contributory negligence
C) partial contributory negligence
D) partial comparative negligence

Question 20

What is meant by the doctrines of contributory negligence, comparative negligence and partial comparative negligence?

Question 21

Allenby Spares, Inc. is a shop that sells spare automotive parts from various manufacturers. A customer buys a faulty brake manufactured by TurboDiezel, Inc. from Allenby Spares and is involved in an accident due to the use of the faulty brake in his vehicle. Which of the following is true in this situation?

A) Allenby Spares cannot be held strictly liable since the brake was manufactured by TurboDiezel.
B) TurboDiezel cannot be held strictly liable as the company is not the seller in this case.
C) Neither Allenby nor TurboDiezel can be held strictly liable for the faulty brake.
D) Allenby Spares can be held strictly liable for the faulty brake as it is part of the distribution chain.

Question 22

Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defect in the vehicle's Supplemental Restraint System (SRS), the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation?

A) Martin can be held strictly liable because he sold the car to Ted.
B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from them.
C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.
D) The driver of the other car can be held strictly liable due to his or her involvement in the accident.

Question 23

Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to?

A) Betty can sue Harvey's department store for negligence.
B) Betty can sue either Harvey's department store or FlatPlanes, Inc. for strict liability.
C) Betty can only sue FlatPlanes, Inc. for strict liability as they manufactured the defective lawnmower.
D) Betty can only sue Harvey's department store for strict liability as they sold her the defective lawnmower.

Question 24

________ is liability without fault.

A) Res ipsa loquitur
B) Negligence per se
C) Proximate cause
D) Strict liability

Question 25

Mary was getting a ride home in John's new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of this situation?

A) Mary can recover in a strict liability lawsuit against the manufacturer of John's car.
B) Mary can file a strict liability lawsuit against John.
C) Mary can file a negligence lawsuit against the dealership that sold John his car.
D) John can file a negligence lawsuit against the dealership from which he bought the car.

Question 26

Erin was shopping for an aluminum extension ladder. She was surprised by the number of safety labels on the ladders at her local hardware store. The store clerk explained that the manufacturers put these labels on the ladders in an attempt to avoid a lawsuit based on ________.

A) defect in design
B) defect in manufacture
C) defect in packaging
D) failure to warn