Question 1

Jay's Mini-Golf Park fails to maintain its equipment and Kelly, a patron, is injured. Jay's likely has committed
A) assault.
B) battery.
C) false imprisonment.
D) negligence.

Accepted Answer

Negligence occurs when a party fails to exercise reasonable care, resulting in harm to another person. Jay's failure to maintain equipment, leading to Kelly's injury, is an example of negligence.

Question 2

Driving his motorcycle negligently, Jack crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Kris. But for Jack's negligence, Kris would not have died. Regarding the death, the crash is
A) the cause in fact.
B) the intervening cause.
C) the assumption of the risk.
D) the superseding cause.

Accepted Answer

The crash is the cause in fact because Jack's negligent driving directly led to the streetlight falling and causing Kris's death. Without Jack's actions, the incident would not have occurred.

Question 3

Ida slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ida is more than 50 percent at fault, she will recover
A) nothing.
B) half of the expenses.
C) the amount of the expenses attributable to Jet's fault.
D) the entire amount of the expenses.

Accepted Answer

Under the "50 percent" rule, if a plaintiff is more than 50 percent at fault, they cannot recover any damages.

Question 4

Casey is driving a car in which Deb is a passenger when an accident occurs. Casey and Deb are not injured. Casey is not liable to Deb on a negligence theory because
A) Casey was not injured.
B) Casey did not apparently intend to cause an accident.
C) Deb must have been comparatively negligent.
D) Deb was not injured.

Accepted Answer

Deb was not injured, so she cannot recover damages from Casey on a negligence theory.

Question 5

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional engineer, Richard is held to the same standard of care as
A) ordinary persons.
B) other engineers.
C) other professionals, including doctors, dentists, and lawyers.
D) those injured in the collapse of the bridge.

Accepted Answer

Richard, as a professional engineer, is held to the standard of care of other engineers, meaning he is expected to perform his duties with the same level of skill and competence as a reasonably prudent engineer would under similar circumstances.

Question 6

Shelly owns Reclaim & Restore (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Penny, a spectator. Under the doctrine of strict liability, Shelly must pay for Penny's injury
A) only if the R&R crew failed to use reasonable care.
B) only if the R&R crew was greater than 50 percent at fault.
C) only if the R&R crew was entirely at fault.
D) without regard to the fault of the R&R crew.

Accepted Answer

Under the doctrine of strict liability, Shelly must pay for Penny's injury without regard to the fault of the R&R crew, as strict liability holds parties responsible for damages regardless of fault or negligence.

Question 7

Clay, a driver for Delivery Company, causes a multi-vehicle accident on a city street. Clay and Delivery are liable to
A) all those who were injured.
B) only those who were uninsured.
C) only those whose injuries could have been reasonably foreseen.
D) only those whose vehicles were closest to Clay's vehicle.

Accepted Answer

Clay and Delivery Company are liable to those whose injuries could have been reasonably foreseen, as liability typically extends to foreseeable consequences of one's actions.

Question 8

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery
A) even if Ichiro was only slightly at fault.
B) only if Ichiro and Heather were equally at fault.
C) only if Ichiro was less at fault than Heather.
D) only if Ichiro was more at fault than Heather.

Accepted Answer

Comparative negligence allows for a reduction in the plaintiff's recovery amount based on the plaintiff's percentage of fault, even if it is slight. This means that if Ichiro was found to be at fault to any degree, his recovery could be reduced accordingly.

Question 9

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall col-lapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?

Accepted Answer

The answer of Dixie, a driver for Express Delivery Company,...

Question 10

Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an advertising campaign claiming that eProducts, instead of testing software before it is marketed, has customers "test" the software by using it. eProducts knows this is not true but begins to lose sales to Data Analytics. On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?

Accepted Answer

The answer of Data Analytics, Inc., and eProducts Corporation market...

Question 11

Dian enters a boat race on rough waters. If her boat crashes and she sues the organization that ran the race for negligence, their best defense would be
A) Dian assumed the risk of the boat crash when she chose to participate in the race.
B) there was no harm to Dian.
C) there was no proximate cause between the race and the crash.
D) there was no cause in fact.

Accepted Answer

The answer of Dian enters a boat race on rough...

Question 12

Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because
A) Excavation is a corporation.
B) the activity is inherently negligent.
C) the activity is extremely risky.
D) the amount of liability can be added to the costs of construction.

Accepted Answer

The activity of using explosives for land preparation is extremely risky and has the potential to cause significant harm or damage, thus strict liability is imposed to hold the company accountable for any harm caused. The other options are not relevant to the justification for imposing strict liability.

Quiz 5: Business Torts

Jay's Mini-Golf Park fails to maintain its equipment and Kelly, a patron, is injured. Jay's likely has committed

Driving his motorcycle negligently, Jack crashes into a streetlight. The streetlight falls, smashing through the roof of a house, killing Kris. But for Jack's negligence, Kris would not have died. Regarding the death, the crash is

Ida slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ida is more than 50 percent at fault, she will recover

Casey is driving a car in which Deb is a passenger when an accident occurs. Casey and Deb are not injured. Casey is not liable to Deb on a negligence theory because

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional engineer, Richard is held to the same standard of care as

Shelly owns Reclaim & Restore (R&R) , a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Penny, a spectator. Under the doctrine of strict liability, Shelly must pay for Penny's injury

Clay, a driver for Delivery Company, causes a multi-vehicle accident on a city street. Clay and Delivery are liable to

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery

Dian enters a boat race on rough waters. If her boat crashes and she sues the organization that ran the race for negligence, their best defense would be

Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because