Test Bank For Law For Business 14th Edition A James Barnes Eric Richards Tim Lemper 2

Test Bank for Law for Business, 14th Edition, A.
James Barnes, Eric Richards, Tim Lemper
Test Bank for Law for Business, 14th Edition, A.

James Barnes, Eric Richards, Tim Lemper
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Student name:__________
TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.
1) Negligence is an unintentional breach of duty by the defendant that results in harm to
another.
1) ______
⊚ true
⊚ false
Question Details
AACSB : Analytical Thinking
Accessibility : Keyboard Navigation
Bloom's : Understand
Difficulty : 2 Medium
Learning Objective : 07-01 Explain how the purpose of negligence differs from that of intentional tor
Topic : Negligence
Accessibility : Screen Reader Compatible
Gradable : automatic
2) A plaintiff in a negligence suit must prove that the defendant had a duty not to injure the
plaintiff.
2) ______
⊚ true
⊚ false
Question Details
Topic : Negligence
Learning Objective : 07-02 Explain duty and causation.
3) A plaintiff in a negligence suit must prove that the defendant’s breach of duty was the
remote cause of the plaintiff’s injuries.
3) ______
⊚ true
⊚ false
Version 1 1
Question Details
Topic : Negligence
Bloom's : Remember
Difficulty : 1 Easy
4) The law of negligence holds our behavior up to an objective standard of conduct.

4) ______
⊚ true
⊚ false
Question Details
Topic : Negligence
Bloom's : Remember
Difficulty : 1 Easy
Learning Objective : 07-03 Define the reasonable person standard and why it is an objective standard.
5) If Jamal is carefully driving his car within the speed limit and an inebriated Eddie darts
into Jamal’s car and is hit, Jamal is liable for Eddie's injuries.
5) ______
⊚ true
⊚ false
Question Details
Topic : Negligence
AACSB : Reflective Thinking
Bloom's : Apply
Version 1 2
6) The idea of placing a legal limit on the extent of a negligent person's liability is called
plausible cause.
6) ______
⊚ true
⊚ false
Question Details
Topic : Negligence
Bloom's : Remember
Difficulty : 1 Easy
7) The courts have created a uniform test that must be used to determine proximate cause.
7) ______
⊚ true
⊚ false
Question Details
Topic : Negligence
Bloom's : Remember
Difficulty : 1 Easy
8) Some courts hold defendants liable only for the reasonably foreseeable results of their
negligence.
8) ______
⊚ true
⊚ false
Version 1 3
Question Details
Topic : Negligence
9) Usually, the courts say that if an intervening cause was foreseeable for the defendant, it
will not excuse the defendant from liability.
9) ______
⊚ true
⊚ false
Question Details
Topic : Negligence
10) Negligent persons are generally not held liable for diseases their victims contract while
weakened by their injuries.
10) ______
⊚ true
⊚ false
Question Details
Topic : Negligence
Version 1 4
11) Negligent persons are generally held jointly liable, along with the negligent physician, for
negligent medical care their victims receive for their injuries.
11) ______
⊚ true
⊚ false
Question Details
Topic : Negligence
12) Res ipsa loquitur means “identify the proximate cause.”

12) ______
⊚ true
⊚ false
Question Details
Topic : Res Ipsa Loquitur
13) Jane was watching her friend’s eight-year-old son get off the school bus when the child
was hit by a negligently driven car. Today, a court would likely allow Jane to personally recover
damages from the defendant driver on a negligent infliction of emotional distress theory.
13) ______
⊚ true
⊚ false
Version 1 5
Question Details
Bloom's : Apply
Learning Objective : 07-04 Identify the limitations on negligent infliction of emotional distress.
14) Most states have abandoned comparative negligence theory and adopted a contributory
negligence system.
14) ______
⊚ true
⊚ false
Question Details
Learning Objective : 07-05 Discuss the differences between the two kinds of comparative fault.
15) Strict liability is commonly described as “liability with fault.”

15) ______
⊚ true
⊚ false
Question Details
Learning Objective : 07-06 Describe the factors a court considers when determining whether strict lia
Topic : Strict Liability
Version 1 6
MULTIPLE CHOICE - Choose the one alternative that best completes the statement or
answers the question.
16) In negligence law, the “reasonable person” is __________.
16) ______
A) a hypothetical being
B) the plaintiff
C) the defendant
D) any member of the trial jury
Question Details
Topic : Negligence
Bloom's : Remember
Difficulty : 1 Easy
17) To recover in a negligence suit, the plaintiff must prove that the:
17) ______
A) defendant intended to injure the plaintiff and did so via a breach of duty.
B) defendant's breach of duty was the proximate cause of the plaintiff's injuries.
C) defendant's breach of duty indirectly caused the plaintiff’s injuries.
D) defendant's actions specifically violated a state statute.
Version 1 7
Question Details
Topic : Negligence
18) Generally, people who do not do what a statute requires are considered to be
__________.
18) ______
A) strictly liable
B) grossly negligent
C) extremely reckless
D) negligent per se
Question Details
Topic : Negligence
19) Jose, a migrant worker who lived in a mobile home that he rented, died in a fire. The
smoke alarm of the mobile home malfunctioned and did alert Jose to the fire. He was trapped
inside while the fire engulfed him. The state had a law that required dwellings to be equipped
with properly-maintained smoke detectors. In this scenario, Jose's widow can sue the owner of
the mobile home for __________.
19) ______
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A) disparagement
B) negligence
C) assault and battery
D) intentional infliction of emotional distress
Question Details
Topic : Negligence
Bloom's : Apply
20) In terms of negligence theory, which of the following is true about breach of duty?
20) ______
A) A person is guilty of breach of duty if he or she exposes another person to a

foreseeable and unreasonable risk of harm.
B) The defendant is liable for the plaintiff's injury even if the defendant exercised
reasonable care.
C) A breach of duty occurs only when the defendant's actions violate a state or federal
statute.
D) In terms of the liability of a defendant, breach of duty is considered as serious as a
criminal offense.
Question Details
Topic : Negligence
Version 1 9
21) Rosario worked late nights at a convenience store. One night, Rosario discovered that the
"emergency alert" security system was not working. The owner of the store told her that he
would have the system repaired immediately. Nevertheless, a month went by before the system
was repaired. In the meantime, the store was robbed while Rosario was working and during the
robbery, the perpetrator broke Rosario’s leg. Under these circumstances, if Rosario files a civil
lawsuit against the store and its owner, she is most likely to recover for:
21) ______
A) negligence because the harm was foreseeable.

B) assault and battery because the store owner’s inaction was the proximate cause of her
injury.
C) strict liability since the robbery was an inherently dangerous activity.
D) worker’s compensation only since her injury occurred during the course and scope of
her employment.
Question Details
Topic : Negligence
Bloom's : Apply
Difficulty : 3 Hard
22) An intervening cause, which happens after the defendant's negligent act and contributes
to the plaintiff's injury, can excuse the defendant from liability if it:
22) ______
A) could have been reasonably anticipated.

B) was remotely related to the plaintiff’s injury.
C) was unforeseeable.
D) was an intentional tort.
Version 1 10
Question Details
Topic : Negligence
23) Bella is Ming's nanny. Bella is a 24-year-old heiress to a considerable family fortune who
works as a nanny to occupy her time. Ming is 8 years old. Bella takes Ming to the amusement
park for a roller coaster ride. Due to the intensity of the ride, Ming, who has an especially weak
heart, dies of a heart attack during the ride. Bella was aware of Ming’s heart defect before she
took her to the amusement park, and Ming’s parents had warned Bella on several occasions not
to engage their child in highly stressful or strenuous activities. Which of the following is the
most likely outcome if Ming’s estate sues Bella for negligence?
23) ______
A) Bella will not be held liable for Ming’s death, since her actions did not represent the
proximate cause of the child’s death.
B) Bella will not be held liable for Ming’s death, since caregivers are provided statutory
(i.e., legislatively prescribed) immunity.
C) Bella will be held liable for Ming’s death, since caregivers are strictly liable for the
safety of their charges.
D) Bella will be held liable for Ming’s death, since negligent defendants “take their
victims as they find them.”
Question Details
Topic : Negligence
Bloom's : Apply
Difficulty : 3 Hard
Version 1 11
24) Which of the following is a general negligence causation rule?
24) ______
A) The defendant is liable for the full extent of the injuries of a person even if some
physical peculiarity of that person aggravated his or her injuries.
B) The defendant is not liable for those who make reasonable attempts to avoid being
injured by his or her acts.
C) The defendant is unaccountable for those who are injured while making a reasonable
attempt to rescue someone endangered by his or her act.
D) The defendant is generally not held liable for diseases the victims contract while
weakened by their injuries.
Question Details
Topic : Negligence
25) Penny carelessly left marbles on the steps of her house. When Bijou came to visit Penny
she slipped on the marbles, breaking her leg and severely damaging her spine. While in the
hospital recovering from her fall, Bijou’s body became weak from antibiotics that were
overprescribed by her attending physician, and she contracted a viral infection. Under these
circumstances, Penny is:
25) ______
A) liable for only Bijou’s leg and spinal injuries.

B) liable for only Bijou's viral infection.
C) liable for Bijou’s leg and spinal injuries, as well as for her viral infection.
D) not liable for any of Bijou’s injuries, since Bijou was contributorily negligent per se.
Version 1 12
Question Details
Topic : Negligence
Bloom's : Apply
Difficulty : 3 Hard
26) Benjamin's negligent act injures Judith. Naomi, Judith's friend, breaks her arm while
attempting to come to Judith's aid. Benjamin is most likely liable for harm to __________.
26) ______
A) only Judith
B) only Naomi
C) both Judith and Naomi
D) neither Judith nor Naomi
Question Details
Topic : Negligence
Bloom's : Apply
Difficulty : 3 Hard
27) Negligent persons are generally held jointly liable (along with the negligent physician)
for negligent medical care their victims receive for their injuries. This is true according to:
27) ______
A) the basic principles of causation.

B) res ipsa loquitur.
C) intentional tort theory.
D) proximate cause theory.
Version 1 13
Question Details
Topic : Negligence
28) Martin works as a pizza delivery person. He parks his bike outside Regalia Inc. to deliver
an order. Meanwhile, a damaged book rack in Regalia, which is situated on the first floor of the
building, falls through an open window and crashes on his bike. No one admits to having seen
the rack fall. If Martin sues Regalia for negligence, will he win the lawsuit?
28) ______
A) Yes, but only if Martin finds a witness who saw the book rack crashing on the bike.
B) Yes, if Martin can prove that book racks do not fall out of windows in the absence of
negligence and that Regalia had exclusive control of the rack before the fall.
C) No, because parking under an open floor window constitutes contributory negligence
per se.
D) No, because parking under an open window constitutes assumption of the risk.
Question Details
Bloom's : Apply
Difficulty : 3 Hard
29) Which of the following is true regarding the doctrine of res ipsa loquitur?
29) ______
Version 1 14
A) It says that in terms of the defendant’s liability, an act of negligence and a criminal
offense should be treated equally.
B) It puts the burden on the plaintiff to show that her injury was not caused by her own
negligence.
C) It is applicable to cases where the defendant had exclusive control of the thing that
caused the injury, and the injury would not ordinarily happen in the absence of negligence.
D) It offers protection to those who are injured while making a reasonable attempt to
rescue someone endangered by the negligent person's act.
Question Details
30) Rachel saw her sister Rebecca being negligently hit by a car. Rachel rushed to help
Rebecca and later accompanied her to the hospital. Unfortunately, several hours later Rebecca
died. Rachel, who received psychiatric treatment because of the traumatic experience, sued the
car driver for negligent infliction of emotional distress. What is the most likely outcome of the
case?
30) ______
A) Rachel will not recover because she was not within the "zone of danger" created by
the negligent act.
B) Rachel will recover damages for battery since her sister was the accident victim.
C) Rachel will not recover because she suffered only emotional trauma with no visible
signs of physical injury.
D) Rachel will recover because she witnessed the accident.
Version 1 15
Question Details
Bloom's : Apply
Difficulty : 3 Hard
31) The two traditional defenses to negligence are:

31) ______
A) contributory negligence and comparative negligence

B) comparative negligence and last clear chance
C) contributory negligence and assumption of the risk
D) comparative negligence and assumption of the risk
Question Details
Bloom's : Remember
Difficulty : 1 Easy
32) If Nancy steps into the path of George's speeding car without checking to see whether
any cars are coming, her __________ might prevent her from receiving damages for her injuries
from George.
32) ______
A) strict liability
B) breach of duty
C) statutory immunity
D) contributory negligence
Version 1 16
Question Details
33) The doctrine of __________ holds that even though the plaintiff was negligent, he or she
can still recover if it can be shown that the defendant had the final opportunity to avoid the harm.
33) ______
A) last clear chance

B) negligence per se
C) comparative negligence
D) strict liability
Question Details
Bloom's : Remember
Difficulty : 1 Easy
34) Which of the following statements is true for both contributory negligence and
assumption of the risk?
34) ______
Version 1 17
A) They are defenses adopted to ease the harshness of the comparative negligence
system.
B) They are recent defenses to recklessness but not negligence.
C) They are based on the idea that everyone has a duty to exercise reasonable care for
his or her own safety.
D) They are based on the idea that the plaintiff may recover if the defendant had the last
opportunity to avoid harm.
Question Details
35) Reuben and Priya have an automobile accident in which Priya experiences serious
personal injuries. Priya sues Reuben, and the case goes to trial. During jury deliberations, the
jury determines that Reuben is 75 percent responsible for Priya’s injuries, and that Priya is 25
percent responsible for her own injuries (Priya was speeding at the time of the accident, causing
the jury to attribute a portion of the blame to her.) Which of the following is true if the case is
being tried in a comparative negligence system?
35) ______
A) Priya will recover 25 percent of her damages from Reuben.

B) Priya will not recover, since comparative negligence theory prohibits a plaintiff from
recovering anything from the defendant if the plaintiff’s negligence, however slight, contributed
to her harm.
C) Priya will recover 75 percent of her damages from Reuben.
D) Priya will not recover, since the jury has determined that she is partially responsible
for the accident.
Version 1 18
Question Details
36) Under a pure comparative negligence system, plaintiffs __________.

36) ______
A) who share fault with the defendant will not recover from the defendant
B) will recover the portion of their losses not attributable to their fault
C) will not recover from the defendant if they are as much or more at fault for their
injuries as is the defendant
D) will recover the full extent of their losses from the defendant even if they were fully
aware of the risks involved in participating in the event that resulted in their injuries
Question Details
37) Which of the following statements is true regarding assumption of risk?

37) ______
Version 1 19
A) It is not a defense in a comparative negligence jurisdiction.
B) It is not a defense in a contributory negligence jurisdiction.
C) It indicates the defendant’s liability for voluntarily and willingly participating in the
activity that resulted in the plaintiff’s harm.
D) It bars the plaintiff's recovery if the plaintiff fully understood the nature and extent of
the risk involved in the subject activity.
Question Details
38) Violetta was injured in an automobile accident while riding with Alfredo, the driver, who
she knew was intoxicated. A court would likely regard this as:
38) ______
A) contributory negligence.
B) assumption of the risk.
C) last clear chance.
D) comparative negligence.
Question Details
Bloom's : Apply
Version 1 20
39) When a defendant’s behavior indicates a “conscious disregard for a known high degree of
probable harm to another,” the defendant is responsible for __________.
39) ______
A) strict liability
B) recklessness
C) absolute liability
D) negligence
Question Details
40) Traditionally, __________ was imposed for those activities that were considered
ultrahazardous.
40) ______
A) negligence liability
B) the last clear chance doctrine
C) strict liability
D) negligence per se theory
Question Details
Version 1 21
41) Which of the following activities would most likely result in the defendant’s strict
liability if a plaintiff is injured?
41) ______
A) Playing a game of dodgeball

B) Keeping a wolf as a pet
C) Driving with an expired driver’s license
D) Not wearing prescription eyeglasses while driving
Question Details
42) Which of the following activities would most likely result in the defendant’s strict
liability if a plaintiff is injured?
42) ______
A) Blasting rock with dynamite in a lot adjacent to the plaintiff’s home

B) Keeping a pet poodle that aggressively barks at strangers
C) Replacing a roof on a home with the plaintiff’s assistance
D) Driving with a revoked license and colliding with the rear of the plaintiff’s
automobile
Version 1 22
Question Details
43) Which of the following is a correct statement regarding strict liability?

43) ______
A) Strict liability is commonly described as "liability with fault."

B) The most recent major application of strict liability is to the manufacturers of
defective products that are "unreasonably dangerous."
C) The basic idea behind strict liability is that the risks associated with certain activities
should be borne by an innocent person who has suffered loss.
D) In order to prevail in a strict liability lawsuit, the plaintiff must prove that the
defendant was either grossly negligent or extremely reckless.
Question Details
44) Ultrahazardous activities:

44) ______
Version 1 23
A) are immune from strict liability.
B) are subject to strict liability.
C) only create liability where the defendant fails to act as a reasonable person.
D) only create liability when the defendant fails to exercise utmost care.
Question Details
45) One night when Henry arrived home and activated the gas logs in his fireplace, an
explosion resulted, leaving him severely injured. The explosion was caused by the failure of a
defective gas connector, which allowed a large amount of gas to escape, and a small electrical
spark created by turning on the gas logs. Henry sued the gas connector manufacturer, arguing
that although it knew its connectors were defective, it nevertheless failed to warn of the defect
and/or conduct a recall. Henry will most likely win the lawsuit based on which of the following
theories?
45) ______
A) Contributory negligence
B) Comparative negligence
C) Strict liability
D) Assumption of the risk
Question Details
Bloom's : Apply
Difficulty : 3 Hard
Version 1 24
46) The idea of placing a legal limit on the extent of a negligent person’s liability is called
__________ cause.
46) ______
A) constructive
B) conditional
C) proximate
D) permissible
Question Details
47) The Restatement (Second) of Torts, recognizing the __________ nature of proximate
cause determinations, suggests that negligent defendants should not be liable for injuries that, if
one looks backward after the accident, appear to be __________.
47) ______
A) after-the-fact; commonplace
B) after-the-fact; highly extraordinary
C) scientific and exacting; commonplace
D) scientific and exacting; highly extraordinary
Version 1 25
Question Details
Topic : Negligence
48) To ease the harshness of __________, a number of courts adopted the doctrine of
__________.
48) ______
A) contributory negligence; last clear chance

B) comparative negligence; last clear chance
C) assumption of the risk; contributory negligence
D) assumption of the risk; comparative negligence
Question Details
49) Which of the following is true regarding the morally objectionable nature of
recklessness?
49) ______
Version 1 26
A) Recklessness is more morally objectionable than intentional wrongdoing, but less
objectionable than negligence.
B) Recklessness is more morally objectionable than negligence, but less objectionable
than intentional wrongdoing.
C) Recklessness is more morally objectionable than comparative negligence, but less
objectionable than contributory negligence.
D) Recklessness, negligence, and intentional wrongdoing are equal in terms of their
morally objectional nature, and all three types of behavior subject the defendant to tort liability
for the plaintiff’s harm.
Question Details
50) Julian bets his friends he can drive down a crowded street blindfolded, and while
attempting the stunt his car jumps the curb and strikes Tom. Which form of morally
objectionable behavior does this exemplify?
50) ______
A) Negligence
B) Recklessness
C) Negligence per se
D) Res ipsa loquitur
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Question Details
Bloom's : Apply
51) Which of the following is true regarding tort reform?

51) ______
A) Only a few states have passed tort reform measures.

B) “Grass roots” citizen groups have predominantly persuaded legislatures to pass tort
reform bills.
C) The impetus behind the tort reform effort is the alleged “crisis” in liability insurance.
D) Common tort reform measures include limits on the amount of economic damages.
Question Details
Topic : Current Issues
SHORT ANSWER. Write the word or phrase that best completes each statement or
answers the question.
52) Describe what a plaintiff must prove to be successful in a negligence suit.
Version 1 28
Question Details
Topic : Negligence
Gradable : manual
53) While fishing in a lake, George anchored his new motorboat and went ashore to make an
important phone call. He accidently left the key in the boat and Jeb stole the boat. While driving
the boat recklessly, Jeb hit Angela, who was water skiing and severely injured her. Should
George be responsible for Angela's injuries?
Question Details
Topic : Negligence
Bloom's : Apply
Difficulty : 3 Hard
Gradable : manual
54) What does it mean to say that negligent defendants “take their victims as they find
them?”
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Question Details
Topic : Negligence
Gradable : manual
55) Briefly describe the main defenses to negligence.
Question Details
Gradable : manual
56) Describe strict liability.
Question Details
Gradable : manual
Version 1 30
Answer Key
Test name: Barnesch07
1) TRUE
2) TRUE
3) FALSE
4) TRUE
5) FALSE
6) FALSE
7) FALSE
8) TRUE
9) TRUE
10) FALSE
11) TRUE
12) FALSE
13) FALSE
14) FALSE
15) FALSE
16) A
The law of negligence holds our behavior up to an objective standard of
conduct. We must conduct ourselves like a “reasonable person of
ordinary prudence in similar circumstances.” This standard is flexible,
because it allows consideration of all circumstances surrounding a
particular accident, but it is still objective, because the “reasonable
person” is a hypothetical being who is always thoughtful and careful
never to endanger others unreasonably.
17) B
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A plaintiff in a negligence suit must prove the following four things to
recover: (1) the defendant had a duty not to injure the plaintiff; (2) the
defendant breached that duty; (3) the plaintiff suffered injuries or
property damage; and (4) the defendant's breach of duty was the actual
and legal (proximate) cause of the plaintiff's injuries or damages.
18) D
Statutes can establish duties. Generally, people who do not do what a
statute requires are negligent per se because they are not acting as a
"reasonable person" would.
19) B
If the actions cause injury of the kind the statute was designed to protect
against, and if the person who is injured is within the group of people the
statute was designed to protect, then the defendant is presumed
negligent. Therefore, in this scenario, Jose's widow can sue the owner of
the mobile home for negligence.
20) A
A person is guilty of breach of duty if he or she exposes another person
to a foreseeable, unreasonable risk of harm, something the "reasonable
person" would never do. Courts ask whether the defendant did
something the reasonable person would not have done or failed to do
something a reasonable person would have done.
21) A
In this scenario, Rosario is most likely to recover from the store owner
for negligence because the harm was foreseeable. If a defendant does not
guard against all foreseeable harms and exercises reasonable care, he or
she is liable. Some courts hold defendants liable only for the reasonably
foreseeable results of their negligence. Others hold defendants liable
only for injuries to plaintiffs who are within the scope of the foreseeable
risk.
22) C
Version 1 32
Courts consider whether an intervening cause, which happens after the
defendant's negligent act and contributes to the plaintiff's injury, should
excuse the defendant from liability. Usually, courts say that if the
intervening cause was unforeseeable, it will excuse the defendant from
liability.
23) D
One basic negligence causation rule is that negligent defendants "take
their victims as they find them." This means that if some physical
peculiarity of a person aggravates his or her injuries, the defendant is
liable for the full extent of the injuries.
24) A
One basic negligence causation rule is that negligent defendants "take
their victims as they find them." This means that if some physical
peculiarity of a person aggravates his or her injuries, the defendant is
liable for the full extent of the injuries.
25) C
Negligent persons are generally held liable for diseases their victims
contract while weakened by their injuries, and jointly liable for negligent
medical care their victims receive for their injuries. As a result, Penny is
most likely liable for Bijou’s leg and spinal injuries, as well as for her
viral infection.
26) C
Benjamin is most likely to be liable for harm to both Judith and Naomi.
Negligent persons are also generally liable for injuries sustained by
those who are injured while making reasonable attempts to avoid being
injured by the negligent person's acts. It is also commonly said that
"negligence invites rescue," and that negligent persons should be liable
to those who are injured while making a reasonable attempt to rescue
someone endangered by the negligent person's act.
27) A
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Regardless of what test for proximate cause the courts adopt, they
generally agree on certain basic principles of causation. Negligent
persons are generally held liable for diseases their victims contract while
weakened by their injuries and jointly liable (along with the negligent
physician) for negligent medical care their victims receive for their
injuries.
28) B
Martin can recover if he can prove that book racks do not fall out of
windows in the absence of negligence and that Regalia Inc. had
exclusive control of the rack prior to the fall. If the defendant had
exclusive control of the thing that caused the injury, and the injury that
occurred would not ordinarily happen in the absence of negligence, the
doctrine of res ipsa loquitur ("the thing speaks for itself") creates an
inference of negligence. This puts the burden on the defendant to show
that the injury was not caused by his or her negligence. If the defendant
fails to do so, he or she may be found liable.
29) C
If the defendant had exclusive control of the thing that caused the injury,
and the injury that occurred would not ordinarily happen in the absence
of negligence, the doctrine of res ipsa loquitur ("the thing speaks for
itself") creates an inference of negligence. This puts the burden on the
defendant to show that the injury was not caused by his or her
negligence. If the defendant fails to do so, he or she may be found liable.
30) D
Rachel will likely prevail because she bore witness to the fatal accident
involving her sister. Courts are increasingly allowing third parties to
recover for emotional distress resulting from witnessing harm caused to
another person by a defendant's negligent acts. Generally, these courts
require that the person witness the injury, that he or she be a close
relative, and that he or she suffer serious emotional distress as a result.
Version 1 34
31) C
The two traditional defenses to negligence are contributory negligence
and assumption of the risk. These defenses are based on the idea that
everyone has a duty to exercise reasonable care for his or her own
safety. Persons who fail to exercise such care should not be able to
recover because their own behavior helped cause their injuries.
32) D
One of the traditional defenses to negligence is contributory negligence.
These defenses are based on the idea that everyone has a duty to exercise
reasonable care for his or her own safety. Since Nancy failed to exercise
such care, she should not be able to recover because her own behavior
helped cause her injuries.
33) A
A number of courts have adopted the doctrine of last clear chance. This
doctrine holds that even though plaintiff was negligent, he or she can
still recover if it can be shown that the defendant had the "last clear
chance" to avoid the harm.
34) C
The two traditional defenses to negligence are contributory negligence
and assumption of risk. These defenses are based on the idea that
safety. Persons who fail to exercise such care should not be able to
recover because their own behavior helped cause their injuries.
35) C
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Recently, most states have abandoned contributory negligence and last
clear chance and adopted a comparative negligence system. This is seen
as fairer because it distributes the cost of the accident according to the
degree of both plaintiff's and defendant's fault. In this scenario, Reuben
is 75 percent at fault for Priya’s injuries. If Priya suffered $100,000 in
damages because of the accident, then under a comparative negligence
system, Priya will recover $75,000 from Reuben.
36) B
The "pure" comparative negligence system allows plaintiffs to recover
the portion of their losses not attributable to their fault.
37) D
There are some cases in which plaintiffs in negligence suits have
voluntarily exposed themselves to a known danger created by another's
negligence. Such plaintiffs have assumed the risk of injury and are
barred from recovery. The plaintiff must fully understand the nature and
extent of the risk to be held to have assumed it.
38) B
There are some cases in which plaintiffs in negligence suits have
voluntarily exposed themselves to a known danger created by another's
negligence. Such plaintiffs have assumed the risk of injury and are
barred from recovery. The plaintiff must fully understand the nature and
extent of the risk to be held to have assumed it. In the subject case, a
court would likely regard Violetta’s decision to ride with Alfredo as
assumption of risk.
39) B
Version 1 36
When a defendant's behavior indicates a "conscious disregard for a
known high degree of probable harm to another," the defendant is
responsible for recklessness. Like negligence, recklessness involves
posing a foreseeable risk of harm to others. However, that risk of harm
must be significantly greater than the degree of risk that would make an
act negligent.
40) C
Traditionally, strict liability was imposed for those activities that were
considered abnormally dangerous or ultrahazardous.
41) B
considered abnormally dangerous or ultrahazardous. Thus, people who
kept animals that were “naturally dangerous” were subject to strict
liability when their activities injured someone, regardless of the
precautions they took.
42) A
considered abnormally dangerous or ultrahazardous. Thus, people who
did blasting were subject to strict liability when their activities injured
someone, regardless of the precautions they took.
43) B
Version 1 37
Strict liability means that a person who participates in certain kinds of
activities is held responsible for any resulting harm to others, despite the
use of the utmost care and caution. For this reason, strict liability is
commonly described as "liability without fault." The basic idea behind
strict liability is that the risks associated with certain activities should be
borne by the person whose actions created the risk and caused the loss,
rather than by an innocent person who has suffered the loss.
considered abnormally dangerous or ultrahazardous. The most recent
major application of strict liability is to the manufacturers of defective
products that are "unreasonably dangerous"—that is, defective in a way
that endangers life or property and is not readily apparent to buyers.
Generally speaking, assumption of the risk is a good defense to strict
liability suits.
44) B
45) C
Henry will most likely win the lawsuit on the basis of strict liability. The
most recent major application of strict liability is to the manufacturers of
defective products that are "unreasonably dangerous"—that is, defective
in a way that endangers life or property and is not readily apparent to
buyers.
46) C
Version 1 38
With the creation of liability for negligence, the courts began to
recognize that negligent wrongdoers (who are less at fault than
intentional wrongdoers) should not necessarily be liable for every direct
result of their negligence. This idea of placing a legal limit on the extent
of a negligent person’s liability came to be called proximate cause. A
negligent person is liable for only the proximate results of his or her
negligence.
47) B
Some courts hold defendants liable only for the reasonably foreseeable
results of their negligence. Others hold defendants liable only for
injuries to plaintiffs who are within the scope of the foreseeable risk.
The Restatement (Second) of Torts, recognizing the “after-the-fact”
nature of proximate cause determinations, suggests that negligent
defendants should not be liable for injuries that, if one looks backward
after the accident, appear to be “highly extraordinary.”
48) A
Contributory negligence theory can produce harsh results. Slightly
negligent persons might not recover anything for very serious injuries
caused by defendants’ greater negligence. To ease the harshness of this
result, a number of courts adopted the doctrine of last clear chance. This
doctrine holds that even though the plaintiff was negligent, he or she can
still recover if it can be shown that the defendant had the “last clear
chance” to avoid the harm.
49) B
Like negligence, recklessness involves posing a foreseeable risk of harm
to others. However, that risk of harm must be significantly greater than
the degree of risk that would make an act negligent. Recklessness is
more morally objectionable than negligence, but less objectionable than
intentional wrongdoing.
50) B
Version 1 39
Like negligence, recklessness involves posing a foreseeable risk of harm
to others. However, that risk of harm must be significantly greater than
the degree of risk that would make an act negligent. Recklessness is
more morally objectionable than negligence, but less objectionable than
intentional wrongdoing.
51) C
In the past few years, virtually all states have passed tort reform
measures. The impetus behind this effort is the alleged “crisis” in
liability insurance, characterized by dramatically higher premiums,
reductions in coverage, and sometimes refusal to cover certain activities.
Although there is heated debate about whether a crisis actually exists,
business and insurance lobbying groups have persuaded legislatures to
pass reform bills. Common reform measures include limits on the
amount of noneconomic damages (such as damages for pain and
suffering and emotional distress) that can be recovered in a tort suit, and
limits on punitive damage amounts and how they are awarded.
52) Basically, negligence is an unintentional breach of duty by the
defendant that results in harm to another. A plaintiff in a negligence suit
must prove four things to recover:
1.That the defendant had a duty not to injure the plaintiff;
2.That the defendant breached that duty;
3.That the plaintiff suffered injuries or property damage; and
4.That the defendant’s breach of duty was the actual and legal
(proximate) cause of the plaintiff’s injuries or damages.
To be successful, the plaintiff must also overcome any defenses to
negligence liability raised by the defendant.
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53) Courts consider whether an intervening force, which happens after
the defendant's negligent act and contributes to the plaintiff's injury,
should excuse the defendant from liability. If the intervening force was
foreseeable, it will generally not excuse the defendant from liability. In
this scenario, if it was foreseeable that someone might steal George's
boat with the keys left in it, and drive recklessly, then George would be
liable for Angela's injuries.
54) Regardless of what test for proximate cause the courts adopt, they
generally agree on certain basic principles of causation. One such basic
rule is that negligent defendants “take their victims as they find them.”
This means that if some physical peculiarity of a person aggravates his
or her injuries, the defendant is liable for the full extent of the injuries.
For example, Jim’s head strikes the windshield of his car when Mike’s
negligently driven truck runs into him. Due to the fact that Jim’s skull
was abnormally thin (an “eggshell skull”), he dies from the blow, which
would have only slightly injured a normal person. Mike is liable for
Jim’s death.
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55) Contributory negligence and assumption of risk are two traditional
defenses to negligence. These defenses are both based on the idea that
safety, and that people who fail to exercise such care should not be able
to recover because their own behavior helped cause their injuries. Since
contributory negligence can produce harsh results, a number of courts
have adopted the doctrine of last clear chance. This doctrine holds that
even though the plaintiff was negligent, he or she can still recover if it
can be shown that the defendant had the "last clear chance" to avoid the
harm. Recently, most states have adopted a comparative negligence
system, which is seen as fairer because it distributes the cost of the
accident according to both plaintiff's and defendant's fault. It may be
pure or mixed. Most states have adopted a "pure" comparative
negligence system, which allows plaintiffs to recover the portion of their
losses not attributable to their fault. A few states have adopted a "mixed"
comparative fault system, under which plaintiffs are barred from
recovery if they are as much or more at fault for their injuries as
defendant. Assumption of risk involves cases in which plaintiffs in
negligence suits have voluntarily exposed themselves to a known danger
created by another’s negligence.
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Test Bank for Law for Business, 14th Edition, A. James Barnes, Eric Richards, Tim Lemper
56) Strict liability means that a person who participates in certain kinds
of activities is held responsible for any resulting harm to others, despite
the use of the utmost care and caution. For this reason, strict liability is
commonly described as "liability without fault." The basic idea behind
strict liability is that the risks associated with certain activities should be
borne by the person whose actions created the risk and caused the loss,
rather than by an innocent person who has suffered the loss.
Version 1 43
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4) The law of negligence holds our behavior up to an objective standard of conduct.

12) Res ipsa loquitur means “identify the proximate cause.”

15) Strict liability is commonly described as “liability with fault.”

A) A person is guilty of breach of duty if he or she exposes another person to a

A) negligence because the harm was foreseeable.

A) could have been reasonably anticipated.

A) liable for only Bijou’s leg and spinal injuries.

A) the basic principles of causation.

31) The two traditional defenses to negligence are:

A) contributory negligence and comparative negligence

A) last clear chance

A) Priya will recover 25 percent of her damages from Reuben.

36) Under a pure comparative negligence system, plaintiffs __________.

37) Which of the following statements is true regarding assumption of risk?

A) Playing a game of dodgeball

A) Blasting rock with dynamite in a lot adjacent to the plaintiff’s home

43) Which of the following is a correct statement regarding strict liability?

A) Strict liability is commonly described as "liability with fault."

44) Ultrahazardous activities:

A) contributory negligence; last clear chance

51) Which of the following is true regarding tort reform?

A) Only a few states have passed tort reform measures.

55) Briefly describe the main defenses to negligence.

56) Describe strict liability.

Test name: Barnesch07

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