Question 1

Dave operates a small guitar shop where he makes and sells guitars.One day he carelessly leaves flammable glue next to a heater.The shop burns down.The neighboring shop owned by Jane also burns.Jane sues Dave for negligence.

Accepted Answer

Dave was obligated to take all reasonable steps needed to prevent the fire, as negligence law requires individuals to act with reasonable care to prevent foreseeable harm to others.

Question 2

Lena is water skiing.When the boat is about to pull her out of the water, the propeller of the boat injures her.She sues the boat owner for negligence.

Accepted Answer

Res ipsa loquitur applies because the nature of the accident implies it was more likely than not the result of negligence. This legal doctrine is used when an accident occurs in a way that it would not ordinarily happen unless someone was negligent, and the equipment involved was under the defendant's control, suggesting the defendant's negligence played a role in the incident.

Question 3

MATCHING
-the owner of the car is liable for harm caused by the driver

Accepted Answer

The answer of MATCHING
-the owner of the car is liable...

Question 4

With liability insurance

Accepted Answer

Liability insurance is designed to cover the insured party for legal liabilities to third parties. This means if the insured is legally obligated to pay damages to someone else because of a tort (a civil wrong, like negligence) or other legal wrongs, the insurer will cover those damages on behalf of the insured. Choices A and C introduce conditions that are not universally true for all liability insurance policies.

Question 5

A/an ________ is a promise by a physician to achieve a particular cure or other result.

Accepted Answer

The answer of A/an ________ is a promise by a...

Question 6

Someone who has assets with which to pay a judgment is said to have ________.

Accepted Answer

The answer of Someone who has assets with which to...

Question 7

Medical malpractice

Accepted Answer

Medical malpractice occurs when a healthcare professional deviates from the standard of care that is commonly applied by other professionals in the same field under similar circumstances, leading to harm or injury to the patient.

Question 8

In negligence a breach of duty is

Accepted Answer

A breach of duty in negligence refers to conduct that is unreasonable and endangers someone to whom a duty of care is owed. This concept focuses on the failure to act as a reasonably prudent person would under similar circumstances, specifically in ways that expose others to risks of harm.

Question 9

An attorney loses a client's case because of a failure to file the complaint before the running of the statute of limitations.

Accepted Answer

The client must prove that the attorney's negligence caused harm, which includes showing that the underlying case would have been successful if not for the attorney's failure to file on time.

Question 10

MATCHING
-an assumption or theory to be proved

Accepted Answer

The answer of MATCHING
-an assumption or theory to be proved
...

Question 11

MATCHING
-mutual right of control

Accepted Answer

The answer of MATCHING
-mutual right of control
...

Question 12

MATCHING
-conduct a reasonable person would take to avoid injury

Accepted Answer

The answer of MATCHING
-conduct a reasonable person would take to...

Question 13

A risk-benefit analysis

Accepted Answer

A risk-benefit analysis evaluates whether the risks of an action or condition outweigh its benefits, which is essential in various contexts, including legal and health-related decision-making. It does not inherently require a finding of breach of duty, is not synonymous with proximate cause, and its applicability is not limited by the use of the Andrews test for duty in any jurisdiction.

Question 14

________ is the right to have another person pay you the full amount you were forced to pay.

Accepted Answer

The answer of ________ is the right to have another...

Question 15

Bill is forty years old, but has a mental disability that prevents him from understanding the danger in sharp objects.He plays with such objects as a five-year-old would play with, such as a beach ball.One day he sees his friend Kevin coming down the street.Bill is holding a knife that he took from his brother.When Kevin approaches, Bill throws the knife at Kevin and shouts "Catch." Bill is surprised and confused when he finds out that the knife seriously wounds Kevin.Kevin sues Bill for negligence.

Accepted Answer

Bill will be held to the standard of a reasonable person who has the basic knowledge and intelligence needed in everyday life, as the law typically does not adjust the standard of care for mental disabilities in negligence cases.

Question 16

The failure of a doctor to provide informed consent on proposed treatment may lead to a/an ________ claim, although more often the claim is negligence.

Accepted Answer

The answer of The failure of a doctor to provide...

Question 17

A presumption

Accepted Answer

A presumption is indeed an inference or assumption of fact that can be drawn when another fact or set of facts is established, allowing for logical conclusions to be made based on the established facts.

Question 18

Under the ________ rule, the amount of damages caused by the tortfeasor shall not be reduced by any injury-related funds received by the plaintiff from sources independent of the tortfeasor.

Accepted Answer

The answer of Under the ________ rule, the amount of...

Question 19

MATCHING
-each defendant is responsible individually and together

Accepted Answer

The answer of MATCHING
-each defendant is responsible individually and together
...

Question 20

MATCHING
-a method by which something is assessed or measured

Accepted Answer

The answer of MATCHING
-a method by which something is assessed...

Quiz 12: Negligence: Breach of Duty

Dave operates a small guitar shop where he makes and sells guitars.One day he carelessly leaves flammable glue next to a heater.The shop burns down.The neighboring shop owned by Jane also burns.Jane sues Dave for negligence.

Lena is water skiing.When the boat is about to pull her out of the water, the propeller of the boat injures her.She sues the boat owner for negligence.

MATCHING -the owner of the car is liable for harm caused by the driver

With liability insurance

A/an ________ is a promise by a physician to achieve a particular cure or other result.

Someone who has assets with which to pay a judgment is said to have ________.

Medical malpractice

In negligence a breach of duty is

An attorney loses a client's case because of a failure to file the complaint before the running of the statute of limitations.

MATCHING -an assumption or theory to be proved

MATCHING -mutual right of control

MATCHING -conduct a reasonable person would take to avoid injury

A risk-benefit analysis

________ is the right to have another person pay you the full amount you were forced to pay.

The failure of a doctor to provide informed consent on proposed treatment may lead to a/an ________ claim, although more often the claim is negligence.

A presumption

Under the ________ rule, the amount of damages caused by the tortfeasor shall not be reduced by any injury-related funds received by the plaintiff from sources independent of the tortfeasor.

MATCHING -each defendant is responsible individually and together

MATCHING -a method by which something is assessed or measured