True/False
Indicate whether the
statement is true or false.
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1.
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The special negligence rule that applies to
trespassing children is called attractive nuisance.
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2.
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Licensees are persons invited onto another’s
land.
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3.
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A landowner’s highest duty or care is owed to
invitees.
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4.
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The agent is liable for the principal’s torts
under vicarious liability.
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5.
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Scope of employment means the range of conduct that
an employer expects an employee to perform as part of his or her job.
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6.
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Employers are vicariously liable for torts
committed by employees as they come and go to work, as a general rule.
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7.
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A person who hires an independent contractor is
usually liable for the independent contractor’s torts.
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8.
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Many state legislatures have enacted motor vehicle
vicarious liability statutes.
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9.
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Negligent infliction of emotional distress does not
require outrageous conduct.
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10.
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In some jurisdictions, recovery for negligent
infliction of emotional distress is partially limited to cases in which the plaintiff witnesses
serious injury to a family member.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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Zevon walked into a construction site after working
hours. He slipped and fell into an open pit, injuring himself. For purposes of premises liability,
Zevon would be classified as a(n)
a. | Invitee | b. | Licensee | c. | Trespasser | d. | Idiot | e. | None of the
above |
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12.
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Hillary walked into a grocery store to buy some
vegetables. As she walked down an aisle, she slipped on some spilled milk and fell down, breaking her
arm. For purposes of premises liability, Hillary would be classified as a(n)
a. | Invitee | b. | Licensee | c. | Trespasser | d. | Clumsy | e. | None of the
above |
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13.
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Gordon is a door-to-door salesperson. As he walks
to Alicia’s apartment door, he slips on a roller skate. For purposes of premises liability,
Gordon would be classified as a(n)
a. | Invitee | b. | Licensee | c. | Trespasser | d. | Unobservant | e. | None of the
above |
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14.
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Keeping in mind any applicable defenses, which of
the following examples best shows negligence per se?
a. | Gail owns a restaurant. One of her customers was injured
when a grease fire broke out on the grill. The local health code requires restaurants to clean food
preparation surfaces daily. Gail’s grill had not been cleaned for several
weeks. | b. | Paul parked his truck in a no-parking zone. Nora parked
her motorcycle behind it at a parking meter. The truck jumped out of gear and rolled over the
motorcycle. | c. | As Samantha
crossed her neighbor’s land to reach a fishing stream, she fell into a clearly visible
abandoned well. A state statute requires landowners to seal such wells. | d. | Daniel stored a can of lighter fluid on his apartment balcony. This violated
his lease. The can overheated and exploded, burning the building. | e. | None of the above |
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15.
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In the coming and going rule,
a. | Employers are not vicariously liable for the negligence
of their employees. | b. | Employers are
vicariously liable for the negligence of their employees. | c. | This is the same as the frolic and detour rule. | d. | None of the above. |
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16.
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An independent contractor is distinguishable from
an employee because
a. | An employer controls how an independent contract
performs work. | b. | An employer must
deduct social security taxes for an independent contractor. | c. | All of the above. | d. | An employer does
not control how an independent contractor performs work. | e. | None of the above. |
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17.
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In motor vehicle consent statutes,
a. | Vicarious liability is imposed on owners of vehicles for
the negligence of drivers of other vehicles. | b. | Vicarious
liability is imposed on pedestrians. | c. | Vicarious
liability is imposed on bystanders. | d. | Vicarious
liability is imposed on the owner of the vehicle for negligence of those who drive their
vehicle. |
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18.
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In vicarious liability, the ________ is liable for
the torts of the _______.
a. | agent; principal | b. | defendant; plaintiff | c. | principal;
agent | d. | plaintiff; defendant | e. | none of the above |
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19.
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Respondeat superior is normally associated
with which type of negligence case?
a. | Negligent infliction of emotional
distress. | b. | Absolute liability. | c. | Premises liability. | d. | Vicarious
liability. | e. | None of the
above. |
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20.
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Which of the following is not associated with the
scope of employment?
a. | Coming and going rule. | b. | Frolic and detour rule. | c. | Independent
contractors. | d. | Respondeat
superior | e. | All of the above
are associated with scope of employment. |
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21.
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Emotional distress includes which of the
following?
a. | Mental anguish. | b. | Fright. | c. | Grief. | d. | Embarrassment. | e. | All of the
above. |
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22.
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Which of the following is not associated with
negligent infliction of emotional distress?
a. | The impact rule. | b. | The frolic and detour rule. | c. | The physical manifestations rule. | d. | The zone of danger rule. | e. | The sensory
perception rule. |
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23.
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In the zone of danger rule,
a. | Only sports participants can recover for foul
balls. | b. | Only bystanders who are outside the zone of danger are
responsible for negligence. | c. | Only bystanders
who are in the zone of danger can recover for negligent infliction of emotional
distress. | d. | Bystanders cannot recover for physical
harm. |
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24.
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In negligence per se,
a. | Negligence is presumed because of the tortfeasor’s
violation of a statute. | b. | Negligence cannot
be presumed. | c. | Negligence is
presumed if injury occurs to minors. | d. | Negligence is
presumed if injury occurs to persons with special
relationships. |
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25.
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Respondeat superior means
a. | The higher court responds. | b. | The respondent is liable. | c. | Let the superior answer. | d. | Let the respondent
provide. | e. | None of the
above. |
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