BUL 3310 Ch 8 Questions With Complete Solutions
A 90-year-old patient walked away from a nursing home and
wandered onto some nearby railroad tracks. Once on the tracks,
the patient stumbled and the result was a sprained ankle. A few
minutes later a train approached. The engineer saw an elderly
patient on the track and could have stopped, but the train's
brakes were defective. As a result, the train hit and killed the
patient. The family is suing the railroad for negligence. In this
case:
- the train's striking of the patient was an intervening cause, so
the railroad company was strictly liable.
- the patient has assumed the risk of wandering onto the railroad
tracks.
- in states that follow the contributory negligence rule, the train
had the last clear chance to avoid the accident, so the patient's
negligence does not bar recovery by the patient's estate.
- because the patient was contributorily negligent, most states
would hold that the railroad has no liability Correct Answers in
states that follow the contributory negligence rule, the train had
the last clear chance to avoid the accident, so the patient's
negligence does not bar recovery by the patient's estate.
A blind person will be held to the standard of care of a
reasonable blind person rather than that of the reasonable
sighted person for purposes of determining negligence.
True
false Correct Answers true
,A family is visiting campus because one of the children, now in
high school, is interested in applying to that college. Identify the
status of the family members. Choose two answers.
Invitees
Licensees
Trespassers
Business visitors Correct Answers invitees
&
business visitors
A form of strict liability applies to one of the following
situations. Which one?
A lawnmower operated carelessly
A medical procedure
A fireworks factory that blows up and injures townspeople and
their property
A rock-climbing guide tying a knot incorrectly Correct Answers
(not a medical procedure)
A licensee for purposes of tort law is a person invited upon land
as a member of the public or for a business purpose.
true
false Correct Answers false
A number of states have included social guests in the invitee
category, although they have traditionally been labeled as
licensees.
, true
false Correct Answers true
A possessor of land is under a duty to exercise reasonable care
to protect invitees against dangerous conditions they are unlikely
to discover.
true
false Correct Answers true
A social guest is a public invitee.
False
True Correct Answers false
A widely applied test for causation in fact is the "but-for" test.
True
False Correct Answers true
Adya goes to Mateo's restaurant for dinner. Adya's status with
regard to the store is that of:
business visitor.
trespasser.
licensee.
public invitee. Correct Answers business visitor.
An action for negligence consists of five elements, each of
which the plaintiff must prove. Which of the following elements
is included?
A 90-year-old patient walked away from a nursing home and
wandered onto some nearby railroad tracks. Once on the tracks,
the patient stumbled and the result was a sprained ankle. A few
minutes later a train approached. The engineer saw an elderly
patient on the track and could have stopped, but the train's
brakes were defective. As a result, the train hit and killed the
patient. The family is suing the railroad for negligence. In this
case:
- the train's striking of the patient was an intervening cause, so
the railroad company was strictly liable.
- the patient has assumed the risk of wandering onto the railroad
tracks.
- in states that follow the contributory negligence rule, the train
had the last clear chance to avoid the accident, so the patient's
negligence does not bar recovery by the patient's estate.
- because the patient was contributorily negligent, most states
would hold that the railroad has no liability Correct Answers in
states that follow the contributory negligence rule, the train had
the last clear chance to avoid the accident, so the patient's
negligence does not bar recovery by the patient's estate.
A blind person will be held to the standard of care of a
reasonable blind person rather than that of the reasonable
sighted person for purposes of determining negligence.
True
false Correct Answers true
,A family is visiting campus because one of the children, now in
high school, is interested in applying to that college. Identify the
status of the family members. Choose two answers.
Invitees
Licensees
Trespassers
Business visitors Correct Answers invitees
&
business visitors
A form of strict liability applies to one of the following
situations. Which one?
A lawnmower operated carelessly
A medical procedure
A fireworks factory that blows up and injures townspeople and
their property
A rock-climbing guide tying a knot incorrectly Correct Answers
(not a medical procedure)
A licensee for purposes of tort law is a person invited upon land
as a member of the public or for a business purpose.
true
false Correct Answers false
A number of states have included social guests in the invitee
category, although they have traditionally been labeled as
licensees.
, true
false Correct Answers true
A possessor of land is under a duty to exercise reasonable care
to protect invitees against dangerous conditions they are unlikely
to discover.
true
false Correct Answers true
A social guest is a public invitee.
False
True Correct Answers false
A widely applied test for causation in fact is the "but-for" test.
True
False Correct Answers true
Adya goes to Mateo's restaurant for dinner. Adya's status with
regard to the store is that of:
business visitor.
trespasser.
licensee.
public invitee. Correct Answers business visitor.
An action for negligence consists of five elements, each of
which the plaintiff must prove. Which of the following elements
is included?
