BUL 3310 Exam 2 FSU Bailey - Questions and Answers (Complete Solutions) Which of the following describes the duty of a landowner to a trespasser under
... [Show More] the common law? The duty to warn of obvious dangers The duty to warn of hidden dangers The duty not to entrap the trespasser on the premises The duty to make certain that the premises are absolutely safe The doctrine that creates a rebuttable presumption that a defendant was negligent based on the nature and circumstances of the injury is Res ipsa loquitur Negligence per se Malpractice Contributory negligence Juries use the "but for" test (i.e. "but for the negligent act of the defendant would the plaintiff have been injured") to decide if the requirement of __________________is met. Probable cause Actual cause Proximate cause Reasonable cause Which of the following could be argued by the defendant in a product liability case based on strict liability to limit the dollar amount of the damages awarded to the plaintiff? The product was based on state of the art design. The manufacturer exercised all reasonable care in the manufacture of the product. The user was careless or misused the product. All of the above can be pled to reduce damages. The damages that are awarded to a victim to make the victim "whole" are ____________ damages. Punitive Compensatory Nominal Consequential There are no defenses available to a defendant manufacturer in market share liability cases True False The legal classification for all property that is not real property is ________________. Chattel General intangibles Contraband Res in se A minor is held to the same duty of care as an adult when driving a car. True False When a business detains a suspected shoplifter it must be careful not to commit the tort of Invasion of privacy Nuisance False imprisonment Disparagement In a product liability case, defendant manufacturer can use as a defense the plaintiff's failure to discover the defect in the product. True False Absent a special relationship, one person has no legal duty to warn or rescue another. True False The doctrine of negligence per se applies in which of the following cases? Defendant surgeon left a sponge in a patient Defendant driver caused a car accident by running a red light Defendant accountants have joint and several liability in tort cases Plaintiff voluntarily assumed the risk of the injury he suffered. Which of the following statements is true about the use of the reasonable person standard in negligence cases? The reasonable person is presumed to have a minimum level of knowledge and common sense. The reasonable person of the standard takes on the physical characteristics of the defendant. The standard of care for the reasonable person would be less stringent in emergency situations. All of the above are true statements. In negligence per se cases, the injury that the plaintiff suffers must be the same type of injury that a statute was intended to prevent. True False Another term for punitive damages is ___________damages. Inculpatory Exculpatory Exemplary Criminal The negligence doctrine that most favors the defendant is Contributory negligence Comparative negligence Res ipsa loquitur Negligence per se Traditionally landowners owe the highest duty of care to Trespassers Invited guests Family members Business invitees Company A has entered into a contract to acquire Company B. Hearing of this, Company C offers to acquire Company B for more money and to indemnify the directors of Company B for any damages resulting from its breaching its contract with Company A. Company A can sue Company C for the tort of Breach of contract Trespass Interference with contractual relations Interference with prospective advantage To be liable for trespass to land a person must know that the property belongs to another. True False Lawyers fees that give the lawyer a percentage of the amount awarded to the plaintiff if the plaintiff wins, and nothing if the plaintiff loses, are ________________fees. Compensatory Contingent Exemplary Per Diem Assume that plaintiff was 60 percent responsible for his own injuries. He would be able to recover the 40 percent of his injuries caused by the negligent defendant if the state which hears the case follows the doctrine of____________________. Contributory negligence Modified comparative fault negligence Pure comparative fault negligence Situs negligence Assumption of the risk is an element of negligence that must be proved by the plaintiff. True False Early cases of strict liability dealt primarily with liability for dangerous animals or abnormally dangerous activities. True False Willful and wanton misconduct or conscious disregard for the safety of others constitutes _______________ negligence. Slight Ordinary Gross Per se The negligence committed by a professional, such as a doctor or a lawyer, in the conduct of his profession is ___________________. Malpractice Negligence per se Negligence ad hominem Res ipsa loquitur Valerie Vet accidentally left the back door to her pet clinic open and Cuddles, a canine patient, escaped. Cuddles ran around in the road and in an adjacent field until she was found and returned to the clinic half an hour later, completely unharmed. Is Valerie liable to Cuddles' owner for negligence? Yes, Valerie Vet breached a duty of care to her patient. Yes, it is foreseeable that an unleashed dog will run out of an open door. Yes, allowing a dog to run loose for half an hour constitutes gross negligence. No because Cuddles suffered no injury while she was free. A person is negligent if he or she fails to act as a reasonable and prudent person would act in those circumstances. True False Sam's neighbor has opened a shooting range on his property. This is an entirely legal enterprise, but Sam hears guns shots 10 hours a day, cannot hear his television or talk on the phone. What tort, if any, is neighbor committing? Trespass Invasion of property Nuisance Neighbor is committing no tort conducting a legal enterprise. Exemplary damages are also known as compensatory damages. True False Money awarded to an accident victim to make up for lost wages would be classified as ______________ damages. Punitive Economic Non-economic Nominal Strict liability is also called "absolute liability" because there are no defenses that a defendant can raise. True False Most courts allow plaintiffs to use strict liability to collect damages for economic loss in product liability suits. True False [Show Less]