Question 1

A defendant is never expected to do more than what is considered to be custom and usage in the industry.

Accepted Answer

A defendant is expected to adhere to reasonable care and safety standards, which may exceed what is considered custom and usage in the industry. Custom and usage can be used as evidence to establish a standard of care, but it is not a complete defense against negligence.

Question 2

The statute of limitations designates the time period a party must wait before bringing a cause of action.

Accepted Answer

The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, not the minimum time a party must wait.

Question 3

Under the English rule, the losing party pays the attorney fees of both sides.

Accepted Answer

This is known as the "loser pays" rule and is commonly used in the English legal system. It is designed to discourage meritless litigation and provide an incentive for parties to settle disputes outside of court.

Question 4

Reasonableness is determined primarily by an objective standard.

Accepted Answer

Reasonableness is determined based on what a reasonable person with similar knowledge and circumstances would do, rather than solely based on subjective opinions or beliefs. Therefore, it is determined primarily by an objective standard.

Question 5

When doctors wish to stop providing medical services, they must first give their patients reasonable notice of withdrawal.

Accepted Answer

This is known as the principle of continuity of care, which requires doctors to give their patients reasonable notice of withdrawal from medical services in order to ensure that the patient has adequate time to find another healthcare provider. This principle is part of medical ethics and is typically a requirement of healthcare regulations in many countries.

Question 6

If the defendants in a joint enterprise are jointly and severally liable, the plaintiff can collect the entire judgment from any individual defendant.

Accepted Answer

Joint and several liability allows the plaintiff to collect the entire judgment from any individual defendant, as each defendant is considered fully responsible for the damages.

Question 7

Doctors are strictly liable for the harm they wrongfully cause.

Accepted Answer

Doctors are typically held to a standard of negligence, not strict liability, meaning they are liable for harm if they fail to act with the level of care, skill, and diligence that is considered reasonable under similar circumstances.

Question 8

The defendant is expected to know that matches can cause dangerous fires even if the defendant's mental illness prevents him or her from knowing this.

Accepted Answer

The law holds individuals responsible for knowing the risks and potential harms of their behavior, regardless of their mental state. Therefore, even if a person has a mental illness that prevents them from understanding the danger of matches, they can still be held accountable for starting a fire with them.

Question 9

If the violation of a statute is negligence per se, the jury will be allowed to find that the defendant acted reasonably only if the presumption of unreasonableness is overcome.

Accepted Answer

Negligence per se means that the violation of the statute itself constitutes negligence, and the jury is not allowed to find the defendant acted reasonably simply because the statute was violated; the presumption of unreasonableness is not one that can be overcome by showing reasonable behavior in the context of the violation.

Question 10

Unless a statute provides otherwise, parents are not vicariously liable for the torts committed by their children.

Accepted Answer

Generally, parents are not held vicariously liable for the torts (wrongful acts) committed by their minor children, unless a specific statute or law provides otherwise. However, parents may be held directly liable if they were negligent in supervising or controlling their child's actions, or if they contributed to their child's wrongful conduct in some other way.

Question 11

An employer is vicariously liable for the torts of an employee if committed within the scope of employment.

Accepted Answer

Vicarious liability means holding one person liable for the actions of another person. In employment law, an employer can be held vicariously liable for the torts (wrongful acts) committed by an employee in the course of their employment. This means that if an employee causes harm to someone else while doing their job, the employer can be held responsible for the employee's actions.

Question 12

Physically, a reasonable person has the same strengths and weaknesses as the defendant.

Accepted Answer

The answer of Physically, a reasonable person has the same...

Question 13

Under a reasonable patient standard, expert witnesses would be needed to help determine how much information should be disclosed to a patient.

Accepted Answer

The answer of Under a reasonable patient standard, expert witnesses...

Question 14

Establishing a res ipsa loquitur case means that the plaintiff has proven breach of duty.

Accepted Answer

Res ipsa loquitur allows a plaintiff to infer negligence from the very nature of the accident, without direct evidence of how the defendant behaved, but it does not by itself prove breach of duty.

Question 15

Res ipsa loquitur can be used only when there is direct or specific evidence of negligence (unreasonableness).

Accepted Answer

Res ipsa loquitur allows for the inference of negligence based on circumstantial evidence, rather than direct or specific evidence.

Question 16

To avoid an accident that might injure another, a reasonable person would undergo any inconvenience or burden.

Accepted Answer

A reasonable person would undergo a reasonable amount of inconvenience or burden to avoid an accident that might injure another, but not necessarily any inconvenience or burden without limit. The standard is what is reasonable under the circumstances, not an absolute requirement to avoid harm at all costs.

Question 17

By definition, a reasonable person does not cause accidents.

Accepted Answer

The concept of a "reasonable person" in law is a standard used to judge behavior, but it does not imply that a reasonable person cannot cause accidents. Accidents can occur despite taking reasonable care.

Question 18

Legislative intent may help you determine whether a statute was violated.

Accepted Answer

Legislative intent refers to the purpose and goals of a law as intended by the lawmakers who wrote and passed it. Examining legislative intent can provide guidance in understanding the meaning of a statute and whether a violation has occurred.

Question 19

In most negligence cases, the standard of care is reasonableness.

Accepted Answer

In negligence cases, the standard of care is generally evaluated based on what a reasonable person would do in similar circumstances. This is known as the “reasonable person standard.”

Question 20

Attorney mistakes in the practice of law always lead to negligence liability.

Accepted Answer

While attorney mistakes can lead to negligence liability, not all mistakes necessarily result in liability. Factors such as the nature of the mistake, the standard of care expected of the attorney, and the harm caused to the client will be considered in determining if the attorney breached their duties and resulted in liability.

Quiz 12: Negligence: Element II: Breach of Duty