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Exam 9: Negligence and Strict Liability

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Question 41

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Strict liability is liability without fault.

A) True
B) False

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Question 42

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

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The two elements of causation are actual...

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Question 43

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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?

Which of the following was the result in District of Columbia v. Wayne Singleton, the case in the text involving whether the doctrine of res ipsa loquitur applied to a negligence action involving a single-vehicle accident?

"Blow up." Jeanie is hauling gas in the back of her pick-up truck for her personal watercraft. She is planning a lake party and thinks she will need a lot of it. On the way home, Jeanie stops at the automatic teller machine at her bank and exits her car. Holly pulls behind her and negligently rear-ends Jeanie's pick-up. The truck explodes and results in the bank building burning to the ground. The bank sues Holly for negligence claiming that Holly should have to pay for the entire bank building. The bank claimed that it should be able to recover under the res ipsa loquitur doctrine. -Which of the following is true regarding the bank's claim that it should be able to recover under the res ipsa loquitur doctrine?

"Diving fiasco." Mike, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Mike 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. Mike did not reveal that information to the group of divers going with him because in his experience, as soon as customers hear of even 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 latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. 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. Mike, who is in charge of the dive, does nothing but return to the boat because the dive turned out to be more trouble than expected. Wendy, 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 pulls his back and requires medical care. All divers return to the boat and are very unhappy with Mike. -Which of the following is true regarding whether Mike is liable for the injuries Sam sustained in coming to the rescue of the divers in distress?

Which of the following is true regarding the law of negligence in Germany?

"Diving fiasco." Mike, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Mike 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. Mike did not reveal that information to the group of divers going with him because in his experience, as soon as customers hear of even 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 latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. 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. Mike, who is in charge of the dive, does nothing but return to the boat because the dive turned out to be more trouble than expected. Wendy, 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 pulls his back and requires medical care. All divers return to the boat and are very unhappy with Mike. -Which of the following is true regarding whether Wendy and Sam had a duty to come to the assistance of the divers in peril?

"Diving fiasco." Mike, who owns a dive shop in the U.S., takes a group of his customers diving in U.S. waters. Mike 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. Mike did not reveal that information to the group of divers going with him because in his experience, as soon as customers hear of even 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 latches onto diver Susie's arm. Susie is so disconcerted that she drops her regulator (her breathing device) from her mouth and is in considerable difficulty. 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. Mike, who is in charge of the dive, does nothing but return to the boat because the dive turned out to be more trouble than expected. Wendy, 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 pulls his back and requires medical care. All divers return to the boat and are very unhappy with Mike. -Billy, the diver who had damaged equipment because of the shark incident wants to sue Mike for damages. Which of the following is the most likely result?

Which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his actions?

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.