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Exam 8: Negligence, Strict Liability, and Product Liability

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Question 21

Multiple Choice

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For the defendant to be liable in a negligence case, it must be proven that the defendant's conduct actually caused the injury. This is referred to as

A) factual cause.
B) duty of due care.
C) proximate cause.
D) breach.

E) C) and D)
F) A) and B)

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Question 22

Multiple Choice

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What is a principal factor in the risk-utility test?

A) the value of the product
B) the gravity of the danger
C) the likelihood that danger will occur
D) All of these are correct.

E) A) and C)
F) A) and D)

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Question 23

Multiple Choice

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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

In a strict liability case, the courts still consider if the defendant acted in a reasonable and prudent manner.

Evaluate the following scenarios and determine which represents Micha's highest liability?

Tommie, a six-year-old child, was seriously injured when he stuck a fork into an electrical outlet at a restaurant. His parents sued the restaurant where the incident occurred, claiming it should have had child protective guards on the outlets even though no law required the restaurant to do so. Whether the restaurant is liable will be dependent upon whether

One morning, Miles accidentally dropped a thumbtack on the chair of the office manager where he worked. The office manager sat on the tack and, two days later, was hospitalized with an infection caused by the tack. Which of the following is correct?

A contractor used dynamite to loosen a rocky hillside. The blast from the dynamite caused a house foundation to crack. The house was located over a half-mile away from the dynamite site. The contractor was careful when using the dynamite, and no allegation of negligence is made. However, the house owner claims the contractor is liable for damage to the foundation. Is the house owner correct? Explain.

To establish res ipsa loquitur in most states, the plaintiff must demonstrate all but which of the following?

Discuss the concepts of contributory negligence and comparative negligence.

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.

List and discuss the elements necessary to establish negligence.

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.

The duty of care that each of us must follow is to behave as a reasonable person.

Negligence concerns harm that

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 customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

Wayne worked in an office. He had no criminal record, had never had a complaint made against him about his work or his conduct, and had been a faithful employee for nearly 20 years. One day, Wayne followed his supervisor to his home and fatally shot him. The estate of the supervisor sued the company, claiming it should have been aware of Wayne's growing frustration with work. The company's best defense will be that

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

Anders suffered a shock when his electric radio dropped into the bathtub--while Anders was taking a bath. Anders argued that he did not realize it was dangerous to operate an electric radio near his bathtub. If he sues the radio manufacturer for damages, which claim is he most likely to make?