1. Kelly is injured when she slips and falls on Lee?s sidewalk. To determine;whether Lee owed a duty of care to Kelly, Lee is subject to the standard of;a. a realistic person.;b. a reasonable person.;c. a recognizable person.;d. a reliable person.;2. Dependable Appliances, a retail store, must use reasonable care on its;premises to warn its patrons of;a. all risks.;b. hidden risks.;c. obvious risks.;d. no risks.;3. Ira shops in a Jolly Mart store. Enticed by a display, Ira takes an item to;examine it and, when he is done, places it on the floor. Kris, a consumer;enticed by the same display, does not see the item on the floor, trips over;it, falls, and suffers an injury. With respect to the danger, Jolly had;a. actual notice.;b. constructive notice.;c. mishandled notice.;d. no notice.;4. To protect its customers and other business invitees, Sav-Mart Grocery;Stores Corporation must warn them of;a. all dangers.;b. concealed dangers.;c. open dangers.;d. no dangers.;5. Lana hires Mike, an architect, to design a warehouse. Lana is dissatis-;fied with the look of the new building and sues Mike, alleging negligence.;Mike can successfully defend against the suit by proving that;a. he is not familiar with every principle of art.;b. his design is as attractive as an ordinary person?s.;c. Lana could not have designed a more attractive building.;d. Lana was not injured in any way.;6. Dirk is driving a sport utility vehicle in which Elin is a passenger when;they are involved in a traffic accident, and Elin is injured. Liability may;be imposed on Dirk for Elin?s injury if Dirk?s driving is;a. neither the causation in fact nor the proximate cause of the injury.;b. only the causation in fact of the injury.;c. only the proximate cause of the injury.;d. the causation in fact and the proximate cause of the injury.;7. Molly shoots Norm with Opal?s pistol. The proximate cause of Norm be-;ing shot is most likely attributable to;a. Molly and Opal.;b. Molly only.;c. Opal only.;d. neither Molly nor Opal.;8. Pam files a successful suit against Quantity Stores based on Quantity?s;negligence. Normally, an award in such a suit consists of;a. comparative damages.;b. compensatory damages.;c. contributory damages.;d. punitive damages.;9. While boating, Phil ignores warning signs that the weather is;worsening. His boat is swamped. Quick Sea Rescue?s recovery of Phil is;slowed by an inexperienced crewman. Meanwhile Rita, who is also in a;floundering craft awaiting rescue, is lost. In Rita?s family?s suit against;Phil, his failure to heed the signs of the approaching storm will most;likely be held;a. not the cause of Rita?s loss.;b. the causation in fact, but not the proximate cause of Rita?s loss.;c. the proximate cause of Rita?s loss.;d. the superceding cause of Rita?s loss.;10. Marie, a driver for National Transport Company, causes a five-car acci-;dent on an interstate highway. Marie and National are liable to;a. all those who are injured.;b. only those whose injuries could reasonably have been foreseen.;c. only those whose cars were immediately ahead and behind Marie?s;vehicle.;d. only those who do not have insurance.;11. Nico is a passenger in a car driven by Owen, whose negligence causes an;accident, injuring himself. Nico, uninjured, accompanies Owen to;Parkside Hospital in an ambulance. The ambulance is hit by a car driven;by Quin, injuring Nico. Nico files a suit against Owen, whose best;defense is;a. assumption of risk.;b. contributory negligence.;c. negligence per se.;d. superseding cause.;12. Leo slips and falls in Mornin? Breakfast Caf? and is injured. Leo files a;suit against Mornin? for $50,000. If Leo is 20 percent at fault and;Mornin? is 80 percent, under a contributory negligence doctrine, Leo;would recover;a. $0.;b. $25,000.;c. $40,000.;d. $50,000.;13. Super Tool Company makes tools for consumers and construction;professionals. While using a Super tool to replace an electrical outlet;Tom neglects to shut off the power and is electrocuted. Against a suit;filed by Tom?s heirs, Super?s best defense is;a. assumption of risk.;b. contributory negligence.;c. negligence per se.;d. superseding cause.;14. Frank slips and falls on Gail?s Harbor Tour Boat and is injured. Frank;files a suit against Gail?s for $500,000. If Frank is 20 percent at fault and;Gail?s is 80 percent, under the ?50 percent rule? comparative negligence;principles, Frank would recover;a. $0.;b. $25,000.;c. $40,000.;d. $50,000.;15. Gina slips and falls in Homestyle Shopping Center and is injured. Gina;files a suit against Homestyle for $500,000. Under a ?pure? comparative;negligence rule, Gina could recover damages from Homestyle;a. only if both parties were equally at fault.;b. only if Gina was less at fault.;c. only if Gina was more at fault.;d. under any circumstances.;16. A state statute requires machinery in industrial plants to include;automatic shut-off switches accessible to each employee working on the;machine. Steel Company?s (SC?s) equipment does not have the switches.;Trudy, an SC employee, suffers an injury that an accessible shut-off;switch would have prevented. Trudy?s best theory for recovery against;SC is;a. assumption of risk.;b. negligence per se.;c. res ipsa loquitur.;d. strict liability.;17. George has a badly infected right foot. Herb, George?s physician;prescribes amputation. George agrees. During the operation, Herb;amputates the left foot. In George?s suit against Herb, George?s best;theory for recovery is;a. assumption of risk.;b. negligence per se.;c. res ipsa loquitur.;d. strict liability.;18. Drake pushes Evon into the path of an oncoming car driven by Flip. Gina;tries to rescue Evon, but the car hits both of them. Drake is liable for the;injuries of;a. Evon and Gina.;b. Evon only.;c. Gina only.;d. neither Evon nor Gina.;19. Lyn is injured when she is struck by debris floating on her property;flooded by a breach of Mining Company?s reservoir. The rule that a;person who engages in certain activities may be liable under the;doctrine of strict liability for any harm that results was established in;a. Lyn v. Mining Co.;b. Palsgraf v. Long Island Railroad Co.;c Rylands v. Fletcher.;d. Congress.;20. Valuable Resources, Inc., uses dynamite in its remote mining operations.;Will stores household cleaners in his suburban garage. Most likely liable;under the doctrine of strict liability for any injury caused by an;abnormally dangerous activity is;a. neither Valuable Resources nor Will.;b. Valuable Resources and Will.;c. Valuable Resources only.;d. Will only.
Paper#32041 | Written in 18-Jul-2015Price : $32