BUL 5810 - Chapter 8 Homework
Review
Which of the following is correct with respect to the reasonable person standard when
there is an emergency?
a. The court will not consider the fact that an emergency existed at the time.
b. The court will assume that the defendant's own negligent conduct created the
emergency.
c. The court will take into consideration the fact that he was at the time confronted with
a sudden and unexpected emergency.
d. All of these are correct. - answerc. The court will take into consideration the fact that
he was at the time confronted with a sudden and unexpected emergency.
The doctrine of res ipsa loquitur would permit the court to infer negligence in which of
the following situations?
a. A chair broke when a customer sat down on it, but the customer wasn't injured.
b. A chandelier fell on a patron's head in the restaurant dining room.
c. A golfer on a golf course was hit in the head with a stray shot golfball.
d. The situations with a chandelier falling and the golfer are both correct. - answerd. The
situations with a chandelier falling and the golfer are both correct.
Which of the following is not required for the plaintiff to prove in an action for
negligence?
a. Breach of duty
b. Superseding event
c. Injury
d. Cause - answerb. Superseding event
Sometimes the reasonable person standard of conduct may be established by
legislation. An unexcused violation of that statute which causes an injury to another is:
a. negligence per se.
b. supervening event.
c. res ipsa loquitur.
d. contributory negligence. - answera. negligence per se.
If an activity causes a foreseeable and highly significant risk of physical harm even
when reasonable care is exercised by all actors, and the activity is not one of common
usage, it is:
a. proximate cause.
b. abnormally dangerous.
c. res ipsa loquitur.
d. None of these are correct. - answerb. abnormally dangerous.
, What duty of care is owed by a possessor of land to adult trespassers?
a. The possessor of land must take reasonable care to keep adult trespassers safe.
b. The possessor of land is only responsible to keep himself safe.
c. The duty of the possessor of the land extends only to those who are on the land.
d. The possessor is not liable to adult trespassers for failure to maintain land in a
reasonably safe condition. - answerd. The possessor is not liable to adult trespassers
for failure to maintain land in a reasonably safe condition.
To prove a case of negligence against a defendant the plaintiff must prove:
a. negligence per se.
b. duty of care, breach of duty, factual cause, and harm within the scope of liability.
c. intentional infliction of injury.
d. malice aforethought. - answerb. duty of care, breach of duty, factual cause, and harm
within the scope of liability.
The pure comparative negligence doctrine is applied by some states to:
a. eliminate recovery for plaintiffs that failed to exercise reasonable care.
b. encourage plaintiffs not to file suit if they made poor choices.
c. divide the damages between the parties according to their fault.
d. All of these are correct. - answerc. divide the damages between the parties according
to their fault.
Which of the following is a special relationship giving rise to a duty to act to aid or
protect one in peril?
a. Hotel and guest
b. Cousin to cousin
c. School principal and student
d. Hotel and guest, and school principal and student - answerd. Hotel and guest, and
school principal and student
The reasonable person standard is:
a. external and subjective.
b. external and objective.
c. internal and subjective.
d. internal and objective. - answerb. external and objective.
"Factual cause" in negligence cases is also known as:
a. The matter-of-fact test.
b. The true-cause test.
c. The but-for test.
d. The foreseeability test. - answerc. The but-for test.
Proximate Cause in negligence cases is also known as:
a. The matter-of-fact test.
b. The true-cause test.
Review
Which of the following is correct with respect to the reasonable person standard when
there is an emergency?
a. The court will not consider the fact that an emergency existed at the time.
b. The court will assume that the defendant's own negligent conduct created the
emergency.
c. The court will take into consideration the fact that he was at the time confronted with
a sudden and unexpected emergency.
d. All of these are correct. - answerc. The court will take into consideration the fact that
he was at the time confronted with a sudden and unexpected emergency.
The doctrine of res ipsa loquitur would permit the court to infer negligence in which of
the following situations?
a. A chair broke when a customer sat down on it, but the customer wasn't injured.
b. A chandelier fell on a patron's head in the restaurant dining room.
c. A golfer on a golf course was hit in the head with a stray shot golfball.
d. The situations with a chandelier falling and the golfer are both correct. - answerd. The
situations with a chandelier falling and the golfer are both correct.
Which of the following is not required for the plaintiff to prove in an action for
negligence?
a. Breach of duty
b. Superseding event
c. Injury
d. Cause - answerb. Superseding event
Sometimes the reasonable person standard of conduct may be established by
legislation. An unexcused violation of that statute which causes an injury to another is:
a. negligence per se.
b. supervening event.
c. res ipsa loquitur.
d. contributory negligence. - answera. negligence per se.
If an activity causes a foreseeable and highly significant risk of physical harm even
when reasonable care is exercised by all actors, and the activity is not one of common
usage, it is:
a. proximate cause.
b. abnormally dangerous.
c. res ipsa loquitur.
d. None of these are correct. - answerb. abnormally dangerous.
, What duty of care is owed by a possessor of land to adult trespassers?
a. The possessor of land must take reasonable care to keep adult trespassers safe.
b. The possessor of land is only responsible to keep himself safe.
c. The duty of the possessor of the land extends only to those who are on the land.
d. The possessor is not liable to adult trespassers for failure to maintain land in a
reasonably safe condition. - answerd. The possessor is not liable to adult trespassers
for failure to maintain land in a reasonably safe condition.
To prove a case of negligence against a defendant the plaintiff must prove:
a. negligence per se.
b. duty of care, breach of duty, factual cause, and harm within the scope of liability.
c. intentional infliction of injury.
d. malice aforethought. - answerb. duty of care, breach of duty, factual cause, and harm
within the scope of liability.
The pure comparative negligence doctrine is applied by some states to:
a. eliminate recovery for plaintiffs that failed to exercise reasonable care.
b. encourage plaintiffs not to file suit if they made poor choices.
c. divide the damages between the parties according to their fault.
d. All of these are correct. - answerc. divide the damages between the parties according
to their fault.
Which of the following is a special relationship giving rise to a duty to act to aid or
protect one in peril?
a. Hotel and guest
b. Cousin to cousin
c. School principal and student
d. Hotel and guest, and school principal and student - answerd. Hotel and guest, and
school principal and student
The reasonable person standard is:
a. external and subjective.
b. external and objective.
c. internal and subjective.
d. internal and objective. - answerb. external and objective.
"Factual cause" in negligence cases is also known as:
a. The matter-of-fact test.
b. The true-cause test.
c. The but-for test.
d. The foreseeability test. - answerc. The but-for test.
Proximate Cause in negligence cases is also known as:
a. The matter-of-fact test.
b. The true-cause test.
