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Exam 9: Negligence, Strict Liability, and Product Liability

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Question 21

Multiple Choice

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In a negligence case,the plaintiff must establish

A) duty, strict liability, causation, and injury.
B) mens rea, breach, foreseeable harm, and injury.
C) duty, actus reus, foreseeable harm, and causation.
D) duty of due care, breach, causation, foreseeable harm, and damages.

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Question 22

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Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat.Fortunately,he was able to remove the bone with his fingers.However,he was upset by the incident and sued the restaurant for negligence.What is the most likely result in this case?

A) Kyle will not collect any damages since he did not sustain any damages.
B) Kyle will collect damages because the restaurant committed negligence per se.
C) Kyle will collect damages if he proves it was possible to prevent tiny fish bones from being present in clam chowder.
D) Kyle will collect damages, as res ipsa loquitur applies.

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Question 23

Multiple Choice

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In a comparative negligence state,if the plaintiff in a negligence lawsuit is found to be 30 percent negligent,the plaintiff would recover

List and discuss the elements necessary to establish negligence.

The doctrine of contributory negligence is followed in most states.

A branch of tort law that imposes a much higher level of liability when harm results from ultrahazardous acts or defective products is referred to as

If a court applies res ipsa loquitur

A defendant set off fireworks at a fully-licensed Fourth of July show.The result of the activity caused harm to the plaintiff.In order for the plaintiff to win a case of negligence,he or she need only prove that it was foreseeable that the defendant's conduct might cause harm.

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

Don was driving his truck when a board fell out of the truck bed and onto the road.Alice,who was driving closely behind Don's truck,tried to avoid the board,swerved and struck a telephone pole,causing her severe injuries.Which of the following is correct?

Which of the following represents a landowner's lowest liability?

Phillip was waiting for a bus at a bus stop.Across the street and down the block,a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck.The exploding tire injured Marsha and frightened a neighborhood dog,which ran down the street and knocked Phillip down,injuring his knee.Phillip sued the mechanic.In applying the Palsgraf v.Long Island Railroad Co.decision to this case,Phillip would

Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably.Which of the following is most likely to help the plaintiff?

Under a state law,a dog owner is absolutely liable to any person who is injured by the dog.This is an example of

Tort issues are firmly ingrained in law and do not change.

While hunting,Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush.Under the common law,Adele is liable for Roger's injuries.

Negligence concerns harm that

Which of the following acts resulting in injury would be negligence per se?

Kelley went ice skating on a neighbor's pond,but she fell through a thin area into icy waters.Kelley did not have permission to be on the property,and the neighbor did not even know that she was there.Is the neighbor liable for Kelley's injuries?