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Terms in this set (12)
Which of the following is correct with respect to the reasonable person standard when there is an emergency?
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. The situations with a chandelier falling and the golfer are both correct.
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. A chair broke when a customer sat down on it, but the customer wasn't injured.
a. 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. Superseding event
b. Breach of duty
c. Injury
d. Cause
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:
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:
abnormally dangerous
What duty of care is owed by a possessor of land to adult trespassers?
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:
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:
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?
Hotel and guest, and school principal and student
The reasonable person standard is:
external and objective
"Factual cause" in negligence cases is also known as:
The but-for test.
Proximate Cause in negligence cases is also known as:
Foreseeability
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