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"MULTIPLE CHOICE QUESTIONS 1. Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to...

"MULTIPLE CHOICE QUESTIONS
1. Kelly is injured when she slips and falls on Lee’s sidewalk. To determine
whether Lee owed a duty of care to Kelly, Lee is subject to the standard of
a. a realistic person.
b. a reasonable person.
c. a recognizable person.
d. a reliable person.

2. Dependable Appliances, a retail store, must use reasonable care on its
premises to warn its patrons of
a. all risks.
b. hidden risks.
c. obvious risks.
d. no risks.

3. Ira shops in a Jolly Mart store. Enticed by a display, Ira takes an item to
examine it and, when he is done, places it on the floor. Kris, a consumer
enticed by the same display, does not see the item on the floor, trips over
it, falls, and suffers an injury. With respect to the danger, Jolly had
a. actual notice.
b. constructive notice.
c. mishandled notice.
d. no notice.

4. To protect its customers and other business invitees, Sav-Mart Grocery
Stores Corporation must warn them of
a. all dangers.
b. concealed dangers.
c. open dangers.
d. no dangers.

5. Lana hires Mike, an architect, to design a warehouse. Lana is dissatis-
fied with the look of the new building and sues Mike, alleging negligence.
Mike can successfully defend against the suit by proving that
a. he is not familiar with every principle of art.
b. his design is as attractive as an ordinary person’s.
c. Lana could not have designed a more attractive building.
d. Lana was not injured in any way.

6. Dirk is driving a sport utility vehicle in which Elin is a passenger when
they are involved in a traffic accident, and Elin is injured. Liability may
be imposed on Dirk for Elin’s injury if Dirk’s driving is
a. neither the causation in fact nor the proximate cause of the injury.
b. only the causation in fact of the injury.
c. only the proximate cause of the injury.
d. the causation in fact and the proximate cause of the injury.

7. Molly shoots Norm with Opal’s pistol. The proximate cause of Norm be-
ing shot is most likely attributable to
a. Molly and Opal.
b. Molly only.
c. Opal only.
d. neither Molly nor Opal.

8. Pam files a successful suit against Quantity Stores based on Quantity’s
negligence. Normally, an award in such a suit consists of
a. comparative damages.
b. compensatory damages.
c. contributory damages.
d. punitive damages.

9. While boating, Phil ignores warning signs that the weather is
worsening. His boat is swamped. Quick Sea Rescue’s recovery of Phil is
slowed by an inexperienced crewman. Meanwhile Rita, who is also in a
floundering craft awaiting rescue, is lost. In Rita’s family’s suit against
Phil, his failure to heed the signs of the approaching storm will most
likely be held
a. not the cause of Rita’s loss.
b. the causation in fact, but not the proximate cause of Rita’s loss.
c. the proximate cause of Rita’s loss.
d. the superceding cause of Rita’s loss.

10. Marie, a driver for National Transport Company, causes a five-car acci-
dent on an interstate highway. Marie and National are liable to
a. all those who are injured.
b. only those whose injuries could reasonably have been foreseen.
c. only those whose cars were immediately ahead and behind Marie’s
vehicle.
d. only those who do not have insurance.

11. Nico is a passenger in a car driven by Owen, whose negligence causes an
accident, injuring himself. Nico, uninjured, accompanies Owen to
Parkside Hospital in an ambulance. The ambulance is hit by a car driven
by Quin, injuring Nico. Nico files a suit against Owen, whose best
defense is
a. assumption of risk.
b. contributory negligence.
c. negligence per se.
d. superseding cause.

12. Leo slips and falls in Mornin’ Breakfast Café and is injured. Leo files a
suit against Mornin’ for $50,000. If Leo is 20 percent at fault and
Mornin’ is 80 percent, under a contributory negligence doctrine, Leo
would recover
a. $0.
b. $25,000.
c. $40,000.
d. $50,000.

13. Super Tool Company makes tools for consumers and construction
professionals. While using a Super tool to replace an electrical outlet,
Tom neglects to shut off the power and is electrocuted. Against a suit
filed by Tom’s heirs, Super’s best defense is
a. assumption of risk.
b. contributory negligence.
c. negligence per se.
d. superseding cause.

14. Frank slips and falls on Gail’s Harbor Tour Boat and is injured. Frank
files a suit against Gail’s for $500,000. If Frank is 20 percent at fault and
Gail’s is 80 percent, under the “50 percent rule” comparative negligence
principles, Frank would recover
a. $0.
b. $25,000.
c. $40,000.
d. $50,000.

15. Gina slips and falls in Homestyle Shopping Center and is injured. Gina
files a suit against Homestyle for $500,000. Under a “pure” comparative
negligence rule, Gina could recover damages from Homestyle
a. only if both parties were equally at fault.
b. only if Gina was less at fault.
c. only if Gina was more at fault.
d. under any circumstances.

16. A state statute requires machinery in industrial plants to include
automatic shut-off switches accessible to each employee working on the
machine. Steel Company’s (SC’s) equipment does not have the switches.
Trudy, an SC employee, suffers an injury that an accessible shut-off
switch would have prevented. Trudy’s best theory for recovery against
SC is
a. assumption of risk.
b. negligence per se.
c. res ipsa loquitur.
d. strict liability.

17. George has a badly infected right foot. Herb, George’s physician,
prescribes amputation. George agrees. During the operation, Herb
amputates the left foot. In George’s suit against Herb, George’s best
theory for recovery is
a. assumption of risk.
b. negligence per se.
c. res ipsa loquitur.
d. strict liability.

18. Drake pushes Evon into the path of an oncoming car driven by Flip. Gina
tries to rescue Evon, but the car hits both of them. Drake is liable for the
injuries of
a. Evon and Gina.
b. Evon only.
c. Gina only.
d. neither Evon nor Gina.

19. Lyn is injured when she is struck by debris floating on her property
flooded by a breach of Mining Company’s reservoir. The rule that a
person who engages in certain activities may be liable under the
doctrine of strict liability for any harm that results was established in
a. Lyn v. Mining Co.
b. Palsgraf v. Long Island Railroad Co.
c Rylands v. Fletcher.
d. Congress.

20. Valuable Resources, Inc., uses dynamite in its remote mining operations.
Will stores household cleaners in his suburban garage. Most likely liable
under the doctrine of strict liability for any injury caused by an
abnormally dangerous activity is
a. neither Valuable Resources nor Will.
b. Valuable Resources and Will.
c. Valuable Resources only.
d. Will only."
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546015_BUS_sol.doc

MULTIPLE CHOICE QUESTIONS
1. Jill develops a new espresso machine, which she names “Quik Shot.” She
also writes the operating manual. Jill can obtain trademark protection
for
a. the espresso...

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