Chp 7 - Negligence and Strict Liability

Transcription

1 Chp 7 - Negligence and Strict Liability 1. Bette backs out of City Parking Garage, colliding with Dill s car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as a. a blameless person. b a faultless person. c. a reliable person. d. a reasonable person. Fact Pattern 7-A1 (Questions A2 A3 apply) Roy owns a building in which Shelly rents an apartment. The sidewalks around the building are in poor repair. Many sections have buckled from the growth of tree roots over the years. 2. Refer to Fact Pattern 7 A1. As the owner of the building, Roy has a duty to a. arrange to escort anyone who walks onto the property. b. do nothing. c. repair the sidewalks. d. repair the sidewalks only if he is notified that it is a problem. 3. Refer to Fact Pattern 7 A1. As a tenant in the building, Shelly has a duty to a. arrange to escort anyone who walks onto the property. b. do nothing. c. repair the sidewalks. d. repair the sidewalks only if she is notified that it is a problem. 4. Reaching for a bottle of soda from a display in a Big Bargains store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Big s employees are not aware of the spilled soda until Cody falls. In a suit against Big, Cody will most likely a. lose, because Big s employees were not aware of the spill. b. lose, because Cody should have exercised more care. c. win, because Big can in turn recover from the soda bottler. d. win, because the spilled soda was foreseeable. 5. Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of a. a blameless individual. b a faultless ordinary person. c. a reliable professional. d. a reasonable physician. 6. Caleb is driving a car in which Dona is a passenger when an accident occurs. Caleb and Dona are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dona on a negligence theory because a. both parties were emotionally rattled. b. Caleb did not apparently intend to cause an accident. c. Dona must have been comparatively negligent. d. Dona was not injured. 7. 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 care as a. ordinary persons. b. other engineers. c. other professionals, including doctors, dentists, and lawyers. d. those injured in the collapse of the bridge. 8. Nick sees Opal, a stranger, in peril, but does not attempt to rescue her. Opal could successfully sue Nick for a. negligence per se.

2 b nothing. c. a violation of the danger invites rescue doctrine. d. a violation of a Good Samaritan statute. 9. 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 a. only if Kris is injured. b. only if Kris is not injured. c. regardless of the consequences to Kris. d. under no circumstances. 10. Kay carelessly bumps into Lyle, knocking him to the ground. Kay has committed the tort of negligence a. only if Lyle is injured. b. only if Lyle is not injured. c. under any circumstances. d. under no circumstances. 11. 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 a. cause in fact. b intervening cause. c. proximate cause. d. superseding cause. 12. Ralph, a van driver for Standard Delivery Company, causes a multivehicle accident on a city street. Ralph and Standard are liable to a. all those who were injured. b. only those who were uninsured. c. only those whose injuries could have been reasonably foreseen. d. only those whose vehicles were closest to Rod s van. 13. 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 a negligence theory was established in a. Edie v. Finest Fireworks Factory. b. Palsgraf v. Long Island Railroad Co. c. Rylands v. Fletcher. d. Congress. 14. Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks a. attributable to the Triathlon in any way. b. different from the risks normally associated with the Triathlon. c. greater than the risks normally associated with the Triathlon. d. normally associated with the Triathlon. 15. Clyde enters Desert Decathlon, an athletic competition in which Clyde has often competed. Regarding the risk of injury, Clyde assumes the risks a. attributable to the Decathlon in any way. b. different from the risks normally associated with the Decathlon. c. greater than the risks normally associated with the Decathlon. d. normally associated with the Decathlon. 16. Beth is injured in a car accident and sues Cal, alleging negligence. Cal claims that Beth was driving more carelessly than he was. Comparative negligence may reduce Beth s recovery a. even if Beth was only slightly at fault. b. only if Beth was as equally at fault as Cal. c. only if Beth was less at fault than Cal. d. only if Beth was more at fault than Cal.

3 17. An Iowa state statute requires amusement parks to maintain equipmentin 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 a. a dram shop act. b. contributory negligence. c. negligence per se. d. res ipsa loquitur. 18. In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under a. any circumstances. b. a Good Samaritan statute. c. a social host statute. d. no circumstances. 19. Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because a. Earth is a corporation. b. the activity is inherently negligent. c. the activity is of a dangerous nature. d. the government pays for highway construction. 20. Eva owns Fast-Rate Salvage, a demolition company. A demolition by a Fast-Rate crew injures Glen, a passerby. Under the theory of strict liability, Eva must pay for Glen s injury a. only if Glen s injury was not reasonably foreseeable. b only if Glen s injury was reasonably foreseeable. c. only if the Fast-Rate crew was at fault. d. whether or not the Fast-Rate crew was at fault. Chp 11 Agreement 1. An officer of International Sales Corporation makes overtures to a representative of Global Distribution, Inc., regarding a business deal. Under the objective theory of contracts, the officer s words and conduct are held to mean whatever a. the officer subjectively intended them to mean. b. a reasonable person in the officer s position would think they meant. c. a reasonable person in the representative s position would think they meant. d. the representative subjectively thought they meant. 2. Local Delivery Service, Inc., offers to deliver computers to Micro Store s customers for a certain price. Local s intent to extend a serious offer to Micro is determined by reference to Local s a. assumptions. b. beliefs. c. intentions. d. words and conduct. 3. Dona and Eden sign a lease that includes a clause permitting Dona to extend the lease at an amount of rent to be agreed on at the time of the extension. The clause is a. enforceable, because it is part of a lease. b. enforceable, if the parties intend the clause to be binding. c. not enforceable, because it does not include a price term. d. not enforceable, because it is not in the right form. 4. Nate tells Opal, I might sell the skis that I bought last fall since I haven t used them and the skiing season is almost over. This is

4 a. an acceptance of an offer. b. an invitation to accept an offer. c. an offer. d. a statement of future intent. 5. Royal Properties, Inc., mails a flyer to hundreds of firms, advertising a building for sale. Standard Manufacturing Company responds by saying, We accept your offer. Between Royal and Standard, there is a. a contract for the sale of the building. b. a contract to consider the offer before any others. c. a contract to negotiate a sale of the building. d. no contract. 6. Eve tells Frank that she would like to buy his Great Goodies store. Frank declines, but later decides to sell and sends to Eve, and others, a flyer describing the details. Eve responds with a letter of acceptance. Eve and Frank have a. a contract. b. no contract, because Frank sent the letter to more than one party. c. no contract, because Frank was only inviting bids. d. no contract, because the letter was an invitation to negotiate. 7. Elin decides to try to sell her collection of celebrity memorabilia in an auction with reserve. If Elin changes her mind, she can withdraw her collection a. only before the auctioneer announces that the items are sold. b. only before the auctioneer delivers the items to the buyers. c. under no circumstances. d. within thirty days after the auction. 8. Yvon asks Zack, Do you want to buy one of my fishing rods? This is a. a valid offer. b. not a valid offer because the terms are not definite. c. not a valid offer because Yvon did not state an intent. d. not a valid offer because Zack did not respond. 9. Bob offers to sell Carol his computer but conditions the sale on Carol accepting the offer by May 1. Bob may revoke the offer a. before Carol accepts the offer. b. before May 1, whether or not Carol has accepted the offer. c. only after Carol accepts the offer. d. only after May Elmo advertises a reward for the return of his lost dog. Floyd, who does not know of the reward, finds and returns the dog. Floyd cannot recover the reward because he a. did not confer a benefit on Elmo by returning the dog. b. did not know of the reward when he found and returned the dog. c. does not need the money. d. returned the dog. 11. Quality Vehicles, Inc., offers to sell a truck to Regional Delivery Company. Before accepting the offer, Regional learns that the truck has been sold to State Trucking, Inc. Quality is a. liable to Regional for breach of contract. b. liable to State for breach of contract. c. not liable, because the sale revoked the offer to Regional. d. not liable, if Quality offers a substitute truck to Regional. 12. State Trucking Company mails to Transport Delivery, Inc., an offer to sell a delivery truck and to hold the offer open for five days. The five-day period begins to run when the offer is a. in transit. b. received. c. sent. d. written. 13. Interstate Coffee Brokers, Inc. (ICBI), offers to sell Java Roasters, Inc., fifty bags of coffee beans. Java rejects the offer. The offer is

5 a. terminated. b. valid for a reasonable time to give Java a second chance. c. valid for the period of time prescribed by a state statute. d. valid until ICBI revokes the offer. 14. Optimal Sales Corporation plans to move to a new office. Optimal offers to sell its office furniture to Plentiful Marketing, Inc., but does not specify a time for Plentiful to respond. The offer expires a. after a reasonable period of time. b. after thirty days. c. after thirty minutes. d. never. 15. Bill offers to sell his Consumer Service Center business to Dina for $100,000. Dina replies, The price is too high. I will buy it for $90,000. Dina has a. accepted the offer. b. made a counteroffer without rejecting the offer. c. rejected the offer and made a counteroffer. d. rejected the offer without making a counteroffer. 16. Kim sends an offer to Leo to cut down and remove a tree for $400. Kim says, If you say nothing, I will consider you to have accepted my offer. If Leo does not respond, he will be deemed to a. accept the offer. b. make a counteroffer. c. reject the offer. d. none of the choices. 17. Quik Fix-It, Inc., offers Pam a job as a plumber. No time for acceptance is specified in the offer. The offer will terminate a. after a reasonable period of time. b. after a typical work week (five business days). c. after a usual month (thirty calendar days). d. never. 18. Tomato Farms (TF) offers to sell Unified Grocers, Inc., a boxcar load of tomatoes. The offer is sent via overnight delivery because an acceptance is required urgently. It would be most reasonable for Unified to accept via a. a fax, a letter, or a phone call to TF within two weeks. b. a fax sent to TF as soon as the offer is received. c. a letter mailed to TF within two days. d. a phone call to TF within five business days. 19. Alan offers to transfer Beth s videotapes to CDs for $500. The mailbox rule will not apply if Beth accepts the offer by a. . b. messenger. c. regular mail. d. telegram. 20. Jane offers to sell Kyle three desks for his Lights & Lamps Company administrative office. Kyle sends a rejection first, then changes his mind and sends an acceptance. Whether they have a contract is determined by a. Kyle s rejection. b. Kyle s subjective intent. c. whatever Jane decides. d. whether Kyle s rejection or acceptance is received first.