Question 1

Fact Pattern 7-A1 (Questions A2-A3 apply)
Roy owns an apartment building that contains units of different sizes.The sidewalks around the building are in poor repair.Many sections have buckled from the growth of tree roots over the years.
-Refer to Fact Pattern 7-A1.As the owner of the building,Roy has a duty to
A)arrange to escort anyone who walks onto the property.
B)do nothing.
C)repair the sidewalks.
D)repair the sidewalks only if he is notified that it is a problem.

Accepted Answer

As the owner of the building, Roy has a duty to maintain the sidewalks in a safe condition. This duty extends to all individuals who enter the property, not just those who notify Roy of the problem. Therefore, repairing the sidewalks is the appropriate action for Roy to take to fulfill his duty.

Question 2

Nick sees Opal,a stranger,in peril,but does not attempt to rescue her.Opal could successfully sue Nick for
A)negligence per se. 
B) nothing.
C)a violation of the "danger invites" rescue doctrine.
D)a violation of a Good Samaritan statute.

Accepted Answer

Nick has no legal duty to rescue Opal and therefore cannot be sued for failing to do so. There is no negligence, violation of a legal doctrine or statute in this scenario, as there was no preexisting duty or relationship between Nick and Opal.

Question 3

Bette backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as
A)a blameless person. 
B) a faultless person.
C)a reliable person.
D)a reasonable person.

Accepted Answer

Dill may recover damages if Bette failed to act as a reasonable person, which is the standard used in negligence cases to determine if someone acted with the care that a typical person would in similar circumstances.

Question 4

An Illinois state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Jerry,a driver for Crosstown Taxi Company,is driving and talking on his cell phone when his cab collides with Kayla's car,injuring her.Kayla's best theory for recovery against Jerry and Crosstown is
A)a Good Samaritan statutes.
B)negligence per se.
C)res ipsa loquitur.
D)the "danger invites rescue" doctrine.

Accepted Answer

Negligence per se is a doctrine that makes it easier for plaintiffs to prove negligence by showing that the defendant violated a statute designed to protect a certain class of people from harm and that the violation caused the plaintiff's injuries. In this case, Jerry's violation of the Illinois statute by talking on his cell phone while driving makes him and Crosstown liable for Kayla's injuries.

Question 5

Kay carelessly bumps into Lyle,knocking him to the ground.Kay has committed the tort of negligence
A)only if Lyle is injured.
B)only if Lyle is not injured.
C)under any circumstances.
D)under no circumstances.

Accepted Answer

Negligence refers to a failure to exercise reasonable care that results in harm or injury to someone else. In this scenario, Kay's careless action of bumping into Lyle can potentially result in injury, making it an act of negligence only if Lyle is injured.

Question 6

Fact Pattern 7-A1 (Questions A2-A3 apply)
Roy owns an apartment building that contains units of different sizes.The sidewalks around the building are in poor repair.Many sections have buckled from the growth of tree roots over the years.
-Refer to Fact Pattern 7-A1.As the landlord of the building,when a prospective tenant asks about the size of an apartment,Ray has a duty to
A)arrange to correct the rent to match the tenant's ability to pay.
B)do nothing.
C)supply correct information.
D)tell tenants what they want to hear even if it is not correct.

Accepted Answer

As a landlord, Roy has a duty to provide accurate information to a prospective tenant regarding the size of an apartment. This duty is part of his obligation to disclose material facts about the property. Providing incorrect information could potentially lead to legal liabilities and negative consequences for both the landlord and tenant.

Question 7

Leon files a suit against Moira,a medical doctor,alleging negligence.As a physician,Moira is held to the standard of
A)a blameless individual. 
B) a faultless ordinary person.
C)a reliable professional.
D)a reasonable physician.

Accepted Answer

As a medical doctor, Moira is held to the standard of a reasonable physician. This means that she must exercise the same degree of care and skill that other competent medical professionals would use in similar circumstances. This is the standard that would be used to determine whether or not Moira was negligent in her treatment of Leon.

Question 8

Amber shops in a Breezy Bargains store,whose employee Connor recently mopped the floor.Amber slips,falls,and suffers an injury.Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and
A)Amber cannot read it.
B)Amber was distracted by other patrons.
C)Amber was enticed by a nearby display.
D)Connor did not place the sign near the wet floor.

Accepted Answer

The best choice is D because if there was a "Wet Floor" warning sign and Connor did not place the sign near the wet floor, then Breezy Bargains failed to take reasonable care to prevent the accident and could be held liable for Amber's injuries. A, B, and C are not relevant factors in determining Breezy's liability in this scenario.

Question 9

John sees that Kris is about to step into the path of an oncoming bus.If John does not warn Kris of the danger,John is liable
A)only if Kris is injured.
B)only if Kris is not injured.
C)regardless of the consequences to Kris.
D)under no circumstances.

Accepted Answer

John is under no legal obligation to warn Kris unless there is a special relationship or duty of care established between them.

Question 10

Caleb is driving a car in which Dona is a passenger when an accident occurs.Caleb and Dona are emotionally rattled,but neither is physically hurt.Caleb is not liable to Dona on a negligence theory because
A)both parties were emotionally rattled.
B)Caleb did not apparently intend to cause an accident.
C)Dona must have been comparatively negligent.
D)Dona was not injured.

Accepted Answer

Negligence claims require proof of actual harm or injury. Since Dona was not physically injured, Caleb is not liable under a negligence theory.

Question 11

In an emergency situation,Milena,an emergency medical technician,renders aid to Lothar,who needs help.Lothar would most likely be prohibited from suing Milena for negligence under
A)any circumstances.
B)a Good Samaritan statute.
C)a social host statute.
D)no circumstances.

Accepted Answer

Good Samaritan statutes are laws that provide legal protection to anyone who gives reasonable assistance to someone who is injured, ill, or in peril, without expecting payment or anything in return. These statutes vary by state, but they generally protect individuals, including emergency medical technicians, from being sued for negligence if they attempt to render aid in good faith.

Question 12

Ralph,a van driver for Standard Delivery Company,causes a multi-vehicle accident on a city street.Ralph and Standard 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 Rod's van.

Accepted Answer

Ralph and Standard Delivery Company are liable to those whose injuries could have been reasonably foreseen, as liability typically extends to foreseeable consequences of negligent actions.

Question 13

Eva owns Fast-Rate Salvage,a demolition company.A demolition by a Fast-Rate crew injures Glen,a passerby.Under the theory of strict li?abil?ity,Eva must pay for Glen's injury
A)only if Glen's injury was not reasonably foreseeable. 
B) only if Glen's injury was reasonably foreseeable.
C)only if the Fast-Rate crew was at fault.
D)whether or not the Fast-Rate crew was at fault.

Accepted Answer

Under the theory of strict liability, Eva's liability for Glen's injury does not depend on fault or foreseeability. As the owner of the demolition company responsible for the activity that caused the injury, Eva is held strictly liable for any harms caused by that activity.

Question 14

Beth is injured in a car accident and sues Cash,alleging negligence.Cash claims that Beth was driving more carelessly than he was.Comparative negligence may reduce Beth's recovery
A)even if Beth was only slightly at fault.
B)only if Beth was as equally at fault as Cash.
C)only if Beth was less at fault than Cash.
D)only if Beth was more at fault than Cash.

Accepted Answer

Comparative negligence allows for the reduction of Beth's recovery even if she was only slightly at fault, as it apportions damages based on the degree of fault of each party involved.

Question 15

Sam,an engineer,supervises the construction of a new bridge.When the bridge col?lapses due to faulty construction,Sam is sued by those injured in the collapse.As a professional,Sam 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

As an engineer, Sam is held to the same standard of care as other engineers. This means that he is expected to follow the same building codes, safety regulations, and engineering principles as his peers in the industry. If he fails to meet this standard and his actions lead to injury or harm, he may be held liable in a lawsuit. While professionals in other fields, such as doctors, dentists, and lawyers, are also held to a standard of care, their standards may differ based on the specific industry and the type of services they provide. Sam specifically would only be held to the standard of care expected of engineers. Additionally, ordinary persons and those injured in the collapse of the bridge are not relevant standards of comparison for Sam's professional duties and responsibilities.

Question 16

Earth Movers,Inc.,uses dynamite to prepare land for highway pro?jects.Strict liability is imposed on this activity because
A)Earth Movers is a corporation.
B)the activity is inherently negligent.
C)the activity is of a dangerous nature.
D)the government pays for highway construction.

Accepted Answer

Strict liability is imposed on activities that are of a dangerous nature and involve high risks of harm to others, regardless of the level of care exercised by the defendant. Using dynamite to prepare land for highway projects is inherently dangerous and can cause significant harm if not properly executed. Therefore, strict liability is imposed on Earth Movers for this activity. The other choices are not relevant to the imposition of strict liability.

Question 17

Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks
A)attributable to the Decathlon in any way.
B)different from the risks normally associated with the Decathlon.
C)greater than the risks normally associated with the Decathlon.
D)normally associated with the Decathlon.

Accepted Answer

By participating in the Desert Decathlon, Clyde is assuming the risks that are normally associated with the competition. This means that he accepts any injury or harm that could reasonably be expected to occur in the course of the competition, such as sprains, strains, and bruises. He is not assuming any risks that are different from what a reasonable person would expect to encounter in a Decathlon, nor any risks that are greater than what is typical. Therefore, choice D is the most suitable answer.

Question 18

Nadine is a spectator at the Metro City Softball Tournament,an athletic competition.Regarding the risk of injury,Nadine assumes the risks
A)attributable to the tournament in any way.
B)different from the risks normally associated with the tournament.
C)greater than the risks normally associated with the tournament.
D)normally associated with the tournament.

Accepted Answer

Nadine assumes the risks normally associated with the tournament. As a spectator, Nadine is aware that softball is a physical and potentially dangerous sport, and therefore assumes the risks that are normally associated with attending such an event.

Question 19

Edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory.The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in
A)Edie v.Finest Fireworks Factory.
B)Palsgraf v.Long Island Railroad Co.
C)Rylands v.Fletcher.
D)Congress.

Accepted Answer

The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in the landmark case of Palsgraf v. Long Island Railroad Co.

Question 20

Driving his sport utility vehicle negligently,Bart crashes into a streetlight.The streetlight falls,smashing through the roof of a house,killing Chris.But for Bart's negligence,Chris would not have died.Regarding the death,the crash is the
A)cause in fact. 
B) intervening cause.
C)proximate cause.
D)superseding cause.

Accepted Answer

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

Quiz 7: Negligence and Strict Liability

Nick sees Opal,a stranger,in peril,but does not attempt to rescue her.Opal could successfully sue Nick for

Bette backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

Kay carelessly bumps into Lyle,knocking him to the ground.Kay has committed the tort of negligence

Leon files a suit against Moira,a medical doctor,alleging negligence.As a physician,Moira is held to the standard of

Amber shops in a Breezy Bargains store,whose employee Connor recently mopped the floor.Amber slips,falls,and suffers an injury.Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and

John sees that Kris is about to step into the path of an oncoming bus.If John does not warn Kris of the danger,John is liable

Caleb is driving a car in which Dona is a passenger when an accident occurs.Caleb and Dona are emotionally rattled,but neither is physically hurt.Caleb is not liable to Dona on a negligence theory because

In an emergency situation,Milena,an emergency medical technician,renders aid to Lothar,who needs help.Lothar would most likely be prohibited from suing Milena for negligence under

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

Eva owns Fast-Rate Salvage,a demolition company.A demolition by a Fast-Rate crew injures Glen,a passerby.Under the theory of strict li?abil?ity,Eva must pay for Glen's injury

Beth is injured in a car accident and sues Cash,alleging negligence.Cash claims that Beth was driving more carelessly than he was.Comparative negligence may reduce Beth's recovery

Sam,an engineer,supervises the construction of a new bridge.When the bridge col?lapses due to faulty construction,Sam is sued by those injured in the collapse.As a professional,Sam is held to the same standard of care as

Earth Movers,Inc.,uses dynamite to prepare land for highway pro?jects.Strict liability is imposed on this activity because

Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks

Nadine is a spectator at the Metro City Softball Tournament,an athletic competition.Regarding the risk of injury,Nadine assumes the risks

Edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory.The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in

Driving his sport utility vehicle negligently,Bart crashes into a streetlight.The streetlight falls,smashing through the roof of a house,killing Chris.But for Bart's negligence,Chris would not have died.Regarding the death,the crash is the