ch7 - Ch.7 quiz Instructions Please read the questions...

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Ch.7 quiz Instructions Please read the questions carefully. This assessment is worth 100 points. 1. One of the factors courts consider when determining the reasonableness of the risk created by the defendant is the ?social utility? of the defendant's conduct. (5 points) True False 2. Today, a landowner owes some duties of reasonable care to trespassers. (5 points) True False 3. Negligence per se is the same as statutory strict liability. (5 points) True False 4. Negligence defendants are never liable for the consequences of an unforeseeable intervening cause. (5 points) True False 5. The aim of the tort reform movement is to make it easier for deserving tort plaintiffs to recover. (5 points) True False 6. In determining whether the defendant breached a duty, negligence law holds people with mental deficiencies to the same reasonable person standard as normal people. (5 points) True False 7. In some states that have eliminated assumption of risk as a separate defense, assumption of risk reappears as one the many kinds of fault that a court must weigh in applying the state's comparative fault defense. (5 points) True False 8. Under a "mixed" comparative negligence system, a plaintiff recovers nothing where the plaintiff's own negligence was more than 50% (or 50% or more) responsible for the plaintiff's injury. (5 points)
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True False 9. D's breach of duty injures P, a person with a weak heart, by aggravating P's condition. In general, D will not have a proximate cause defense against P's negligence suit, even if P's injury was unforeseeable. (5 points) True False 10. As a general rule, assumption of risk is a defense in ultrahazardous or abnormally dangerous activity cases, while contributory negligence is not. (5 points) True False 11. Which of the following people is most likely to have committed a breach of duty and to be liable for negligence? (5 points)
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This note was uploaded on 02/28/2012 for the course ACCT 460 taught by Professor Charley during the Spring '12 term at Aachen University of Applied Sciences.

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ch7 - Ch.7 quiz Instructions Please read the questions...

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