Bus Law 1 Week 4 Quiz 1 Question and Answers,100% CORRECT

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Bus Law 1 Week 4 Quiz 1 Question and Answers Course Business Law I Test Week 4 Quiz 1 • Question 1 3.5 out of 3.5 points For the defendant to be liable in a negligence case, it must be ... proven that the defendant's conduct actually caused the injury. This is referred to as Selected Answer: a. factual cause.. Correct Answer: a. factual cause. • Question 2 3.5 out of 3.5 points A defendant set off fireworks at a fully licensed Fourth of July show. The result of the activity caused harm to the plaintiff. In order for the plaintiff to win a case of negligence, he or she need only prove that it was foreseeable that the defendant's conduct might cause harm. Selected Answer: False Correct Answer: False • Question 3 3.5 out of 3.5 points In a strict liability case, the courts still consider if the defendant acted in a reasonable and prudent manner. Selected Answer: False Correct Answer: False • Question 4 3.5 out of 3.5 points Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant. Selected Answer: True Correct Answer: True • Question 5 3.5 out of 3.5 points A defendant engaging in an ultrahazardous activity is almost always liable for any harm that results. Selected Answer: True Correct Answer: True • Question 6 3.5 out of 3.5 points Negligence concerns harm that Selected Answer: a. arises by accident. Correct Answer: a. arises by accident. • Question 7 3.5 out of 3.5 points What is a principal factor in the risk-utility test? Selected Answer: d. All of these are correct. Correct Answer: d. All of these are correct. • Question 8 3.5 out of 3.5 points Tort issues are firmly ingrained in law and do not change. Selected Answer: False Correct Answer: False • Question 9 3.5 out of 3.5 points The test of “foreseeability” is generally used to determine the existence of which element of a negligence case? Selected Answer: a. Duty of due care Correct Answer: a. Duty of due care • Question 10 3.5 out of 3.5 points Most states recognize some form of comparative negligence. Selected Answer: Tr ue Correct Answer: Tr ue Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign. Annette sued Vincent. The jury found that Annette’s fault contributed 20 percent to the collision and determined that her total loss was $100,000. Under comparative negligence, the jury should award Annette Selected Answer: Correct Answer: b. $80,000. b. $80,000. If a court applies res ipsa loquitur Selected Answer: Correct Answer: c. the defendant has the burden of proving he or she is not liable. c. the defendant has the burden of proving he or she is not liable. While hunting, Roger enters Adele’s property without permission and is injured by falling into a ditch that was obscured by the underbrush. Under the common law, Adele is liable for Roger’s injuries. Selected Answer: Correct Answer: Fals e Fals e Wayne worked in an office. He had no criminal record, had never had a complaint made against him about his work or his conduct, and had been a faithful employee for nearly 20 years. One day, Wayne followed his supervisor to his home and fatally shot him. The estate of the supervisor sued the company, claiming it should have been aware of Wayne's growing frustration with work. The company's best defense will be that Selected Answer: Correct Answer: b. there was no way to foresee that the incident would happen. b. there was no way to foresee that the incident would happen. If the defendant successfully proves , no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages. Selected Answer: Correct Answer: Answer Feedback: Response Feedback: a. contributory negligence a. contributory negligence Correct. If contributory negligence is established, the plaintiff recovers nothing. Correct. If contributory negligence is established, the plaintiff recovers nothing. A defendant set off fireworks at a fully licensed Fourth of July show. The result of the activity caused harm to the plaintiff. In order for the plaintiff to win a case of negligence, he or she need only prove that it was foreseeable that the defendant's conduct might cause harm. Selected Answer: Correct Answer: Fals e Fals e One morning, Miles accidentally dropped a thumbtack on the chair of the office manager where he worked. The office manager sat on the tack and, two days later, was hospitalized with an infection caused by the tack. Which of the following is correct? Selected Answer: Correct Answer: a. Miles's actions were negligent. a. Miles's actions were negligent. Palsgraf v. Long Island Railroad addressed the issue of furnishing alcohol to minors. Selected Answer: Correct Answer: Fals e Fals e Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. What is the most likely result in this case? Selected Answer: Correct Answer: c. Kyle will not collect any damages since he did not sustain any damages. c. Kyle will not collect any damages since he did not sustain any damages. A customer in a restaurant would be considered to whom the restaurant owner owes a duty . Selected Answer: Correct Answer: b. an invitee; of reasonable care. b. an invitee; of reasonable care. [Show More]

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