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Exam 9: Negligence and Strict Liability

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Question 31

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Which of the following is true regarding negligence under South African law?

A) South Africa's legal system is a combination of selected legal traditions involving Roman, Dutch, and French law, but not German law.
B) Under South African law, individuals can be found negligent in only one way, through failing to exercise reasonable care.
C) South African law models the law of the U.S. and is substantially the same.
D) South African law refuses to recognize sudden emergency as a standard for determining negligence in crisis situations.
E) South African law recognizes that one way to determine negligence is by determining whether the defendant could have prevented the consequent damages.

F) C) and E)
G) A) and B)

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Question 32

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When would a defendant use the doctrine of res ipsa loquitur?

A) To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.
B) To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm.
C) To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.
D) To allow the judge and jury to presume the plaintiff destroyed evidence.
E) To allow the judge to hold the defendant liable under a strict liability theory.

F) C) and D)
G) A) and E)

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Question 33

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Dr. Kilroy operates on Melinda's shoulder. In the operating room along with Dr. Kilroy are two nurses, an anesthesiologist, and two interns. All are responsible from start to finish of Melinda's shoulder surgery. Three weeks after surgery, Melinda is still having pain and goes back to Dr. Kilroy. X-rays show that a small sponge was left inside of her shoulder and not removed before she was sewn up. Since Melinda is not sure who is responsible for leaving the sponge in her shoulder she would sue under what theory of negligence?

What type of negligence is used in Germany when the defendant is unaware that the act constitutes an offense or unaware that the act is occurring at all?

Under which of the following does the court determine the percentage of fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

"Negligence per se" is a negligence doctrine that literally means:

What does "res ipsa loquitur" mean? What must a plaintiff demonstrate in order rely upon that doctrine?

George is riding his skateboard down the street while listening to music with earbuds in. George does not see Martha, a store owner, who is putting flowers out in front of her store. He looks up just in time and swerves to miss Martha but knocks her flower display down, shattering it to pieces. Is he liable?

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered?

Identify and discuss the two separate elements of causation and how they are applied.

Which of the following is a condition required for the imposition of strict liability?

Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a written contract, to assume the risk posed by the defendant's behavior.

[Diving Fiasco] Rogerio, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Rogerio is aware that the area where the divers will be visiting is occasionally visited by sharks. He is also aware that, while sting rays are usually tame, they can become aggressive when fed. Rogerio did not reveal the information about sharks or sting rays to the group of divers going with him because, in his experience, as soon as customers hear of a hint of danger, they refuse to pay and go on the trip. The divers go down into the water, and some have squid with which to feed the sting rays. During the dive, one of the sting rays becomes agitated and lashes diver Tamika's arm. Tamika is so disconcerted that she drops her regulator (breathing device) from her mouth and is in considerable distress. Another diver, Billy, encounters a shark which snaps at him. Fortunately, the shark does not bite him but does damage his diving equipment. He is also in distress. Rogerio, who is in charge of the dive, does nothing and just returns to the boat because the dive turned out to be more trouble than expected. Claudia, another diver on the trip, also returns to the boat without doing anything to help the divers in distress. Sam, on the other hand, goes to rescue the divers who are in distress. He manages to assist them, but in the process, he injures his back and requires medical care. All divers return to the boat and are very unhappy with Rogerio. -Did Claudia and Sam have a duty to aid the divers in peril?

Which of the following is a doctrine available to defendants whereby a defendant may avoid liability by establishing that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm that the defendant caused?

Identify and explain the elements of negligence.

Why has the contributory negligence defense been replaced with a comparative negligence theory in most states?

With a pure comparative negligence defense, the plaintiff cannot sue unless the defendant is more than 25% at fault.

Which of the following is not true in regards to strict liability?

Many states have statutes that allow bartenders and bar owners to be held liable for injuries caused by individuals who become intoxicated at the bar. These are known as ________

Which of the following aids plaintiffs in establishing negligence claims?