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20 terms

Quiz 4 (version a)

STUDY
PLAY
False
If one person's act harms another, there is no liability unless the actor intended the harm. (T/F)
True
The degree of care to be exercised in a situation can vary with a person's profession or occupation. (T/F)
True
If no harm results from an allegedly negligent act, there is no liability. (T/F)
False
Under the theory of negligence, the duty of care requires one person to come to the aid of another in "peril." (T/F)
True
Under the theory of negligence, harm must be foreseeable to be considered the proximate cause of an injury. (T/F)
False
Self-defense is a defense available in an action based on negligence theory. (T/F)
True
Under the doctrine of comparative negligence, both the plaintiff's and the defendant's negligence are taken into consideration. (T/F)
True
The doctrine of res ipsa loquitur applies if an event causing harm does not normally occur in absence of negligence. (T/F)
False
Under the doctrine of strict liability, liability is strictly based on the "obvious" fault of the defendant. (T/F)
True
A person who keeps a wild animal is always strictly liable for any harm that the animal inflicts. (T/F)
A reasonable person
Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover &7500 to cover the cost of the repairs if Bette failed to act as
A reasonable physician
Leon files suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of
Dona was not injured
Caleb is driving a car in which Dona is a passender when an accident occurs. Caleb and Dona are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dona on negligence theory because
Other engineers
Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional, Sam is held to the same standard of case as
Nothing
Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for
Under no circumstances
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
Cause in fact
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
Only those whose injuries could have been reasonably foreseen
Ralph, a van driver for Standard Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Standard are liable to
Palsgraf v Long Island Railroad Co
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 negligence theory was established in
Negligence per se
An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Key, a patron, is injured. Jack's has committed