Mann_BLRB 9_TB_Ch08

Business Law and the Regulation of Business

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Chapter 8—Negligence and Strict Liability TRUE/FALSE 1. A blind person will be held to the standard of care of the reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence. ANS: T MSC: AACSB Analytic 2. In applying the reasonable person standard, the court takes into account a person's physical, but not mental handicaps. ANS: T MSC: AACSB Analytic 3. A "reasonable person standard" does not apply to children since they do not have the judgment, intelli- gence, knowledge, or experience of adults. ANS: F MSC: AACSB Analytic 4. A person who falls asleep while driving would not be liable for any resulting injury since it would be an unavoidable accident. ANS: F MSC: AACSB Analytic 5. In the majority of states, in a case of negligence per se , the plaintiff would only have to prove violation of a statute in order to show negligent conduct. ANS: T MSC: AACSB Analytic 6. A reasonable person, as used in the law of torts, is a fictitious individual who is always careful, prudent, and never negligent. ANS: T MSC: AACSB Analytic 7. Under the Restatement, the general rule for the standard of care used in tort law is: a person is under a duty to all others at all times to exercise reasonable care for the safety of other persons and their prop- erty. ANS: T MSC: AACSB Analytic 8. Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm. ANS: T MSC: AACSB Analytic 9. In about half of the states, a sixteen-year-old who drives a car will be held to the same standard of care as an adult for purposes of determining negligence. ANS: T MSC: AACSB Analytic 10. Liability for the negligent conduct of a defendant requires not only that the conduct in fact caused in- jury to the plaintiff but also that it was the proximate cause of the injury.
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ANS: T MSC: AACSB Analytic 11. A defendant will be liable for all harm that can be traced back to the defendant's negligence. ANS: F MSC: AACSB Analytic 12. All intervening events that occur subsequent to the defendant's negligent conduct will relieve the de- fendant of liability. ANS: F MSC: AACSB Analytic 13. If negligence of the plaintiff and negligence of the defendant proximately caused the injury and dam- age sustained by the plaintiff, the plaintiff can recover some damages in those states where contribut- ory negligence is still recognized. ANS: F MSC: AACSB Analytic 14. The Love v. Hardee’s Food Systems, Inc. case dealt with the responsibility of the owner or possessor of property to an invitee to warn of, remove, or barricade a dangerous condition of the premises. ANS: T
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Mann_BLRB 9_TB_Ch08 - Chapter 8-Negligence and Strict...

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