Tort Law Chapter 4 Quiz

Name:

True/False
Indicate whether the statement is true or false.

At common law, contributory negligence absolutely bars the plaintiff’s negligence claim.

Last clear chance is a response to assumption of risk.

Comparative negligence apportions liability between plaintiff and defendant and adjusts the plaintiff’s recovery accordingly.

Statutes of limitations are irrelevant to negligence defenses.

The plaintiff and the defendant decide how to apportion comparative negligence in a lawsuit.

In effect, contributory negligence is a way of describing a plaintiff’s negligence toward himself or herself.

Some legal scholars believe that comparative negligence produces fairer results than contributory negligence.

Some legal scholars criticize comparative negligence for its arbitrary and capricious approach to assigning liability percentages.

Assumption of risk is an applicable defense even if the plaintiff was unaware of the dangers involved.

10.

Under assumption of risk, the plaintiff’s claim is barred even if he or she involuntarily engaged in dangerous activities.

Multiple Choice
Identify the choice that best completes the statement or answers the question.

11.

When a plaintiff violates his or her duty of reasonable care to himself or herself, and this proximately causes the plaintiff’s injury, this is called

a.	Assumption of risk.
b.	Contributory negligence.
c.	Last clear chance.
d.	Consent.
e.	None of the above.

12.

Last clear chance can best be defined as

a.	Consent.
b.	Contributory negligence.
c.	Last clear chance.
d.	Intent.
e.	None of the above.

13.

Which of the following is the best example of contributory negligence?

a.	Charles and Martha are driving a car on Main Street. Robert and Ann are driving a car on State Street. At the Main/State intersection, which is a four-way stop, both cars run stop signs and collide.
b.	Adam and Janet accidentally sever a buried gas pipe while digging in their backyard. This causes an explosion that damages their house.
c.	Alfred and Cherrie own sheep, which escape their enclosure. The sheep stray onto a neighbor’s property, eating the corn and bean crops. The neighbor’s land was not fenced.
d.	Daniel and Samantha operate a neighborhood grocery. Rebekah, one of their customers, slips and falls on a slick spot. Rebekah was wearing sunglasses inside the store.
e.	None of the above.

14.

Which of the following is the best illustration of assumption or risk?

a.	Tanya drives a cement mixer. Dobie is a construction worker. While unloading cement from the truck, Tanya noticed that Dobie was standing near a large hole behind him. She said nothing, and, as Dobie stepped back to avoid the flowing concrete, he fell into the hole.
b.	Colleen is a litigation paralegal. She drafts a will for a client to be reviewed by her supervising attorney, Amy. Amy fails to do this. The will was written improperly, and the client sues for malpractice.
c.	Angela works in a pastry shop. She notices that there is an electrical short in one of the machines she is using. Rather than shutting the machine off, she continues using it and is electrocuted.
d.	Janet is a reference librarian. As she was researching a patron’s questions, a bookshelf fell upon and injured her.
e.	None of the above.

15.

Which of the following is the best example of comparative negligence?

a.	Bill estimates construction costs for a builder. Because of his poor mathematical skills, Bill’s calculations are grossly incorrect. This results in significant lost income for Bill’s employer.
b.	Anna and Wesley are tag-team wrestlers. During one wrestling match, Anna put a “head-lock” hold on Wesley, severely injuring his neck and shoulders.
c.	Steve is a hunter. While searching for elk, Steve sees a brown shape moving through the trees. Although the figure is clearly walking upright on two legs, Steve shoots, wounding Vikki, a game warden.
d.	Kathleen is a cutter at a wholesale meat packing company. She always used safety glasses while cutting. One day, the metal saw blade broke, sending metal slivers flying. One sliver penetrated the glasses and struck Kathleen in the left eye.
e.	None of the above.

16.

Which of the following is the best illustration of last clear chance?

a.	Deborah runs a drill press. She wore long sleeves and got one sleeve caught on the drill bit. As a result, her arm was badly lacerated.
b.	Teresa is a bank employee responsible for verifying check signatures against signature cards. She failed to check Brian’s check, which had been stolen and his signature forged. The bank cashed the check and charged Brian’s account.
c.	Jason is a chemist. While mixing chemicals, he combined a rare potassium isotope with water, causing an explosion that destroyed the laboratory.
d.	Ronald is a door-to-door salesperson. He approached Lyndon’s house, which had a defective porch roof. Lyndon was aware of this danger. Ronald saw the roof sagging but continued onto the porch. The roof collapsed, injuring Ronald.
e.	None of the above.

17.

In which of the following does the trier-of-fact apportion liability between negligent parties adjust the recovery?

a.	Plaintiff’s voluntary assumption.
b.	Known risk.
c.	Full appreciation of dangers involved.
d.	Breach of duty.
e.	All of the above are elements of assumption of risk.

18.

Assumption of risk includes all of the following elements except

a.	Plaintiff’s voluntary assumption.
b.	Known risk.
c.	Full appreciation of dangers involved.
d.	Breach of duty.
e.	All of the above are elements of assumption of risk.

19.

The time period within which one must file a negligence lawsuit is commonly called a

a.	Laches.
b.	Joinder.
c.	Statute of limitations.
d.	Statute of frauds.
e.	None of the above.

20.

Which of the following includes proximate cause?

a.	Assumption of risk.
b.	Contributory negligence.
c.	Comparative negligence.
d.	Both A and B
e.	Both B and C