True/False
Indicate whether the
statement is true or false.
|
|
|
1.
|
The special negligence rule that applies to
trespassing children is called attractive nuisance.
|
|
|
2.
|
Licensees are persons invited onto another’s
land.
|
|
|
3.
|
A landowner’s highest duty of care is owed to
invitees.
|
|
|
4.
|
When vicarious liability applies, the agent is
liable for the principal’s torts.
|
|
|
5.
|
Scope of employment means the range of conduct that
an employer expects an employee to
perform as part of his or her job.
|
|
|
6.
|
As a general rule, employers are vicariously liable
for torts committed by employees as they
come and go to work.
|
|
|
7.
|
A person who hires an independent contractor is
usually liable for the independent
contractor’s torts.
|
|
|
8.
|
Many state legislatures have enacted motor vehicle
vicarious liability statutes.
|
|
|
9.
|
Negligent infliction of emotional distress does not
require outrageous conduct.
|
|
|
10.
|
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.
|
Multiple Choice
Identify the
choice that best completes the statement or answers the question.
|
|
|
11.
|
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. |
|
|
|
12.
|
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. | an invitee. | b. | a licensee. | c. | a
trespasser. | d. | clumsy. | e. | none of the
above. |
|
|
|
13.
|
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. | an invitee. | b. | a licensee. | c. | a
trespasser. | d. | unobservant. | e. | none of the
above. |
|
|
|
14.
|
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, to prevent such fires. 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 down the
building. |
|
|
|
15.
|
The coming and going rule
a. | states that employers are not vicariously liable for the
negligence of their employees
while they are coming to and from work. | b. | states that employers are vicariously liable for the negligence of their
employees. | c. | involves
independent contractors. | d. | A and C
only. |
|
|
|
16.
|
An independent contractor is distinguishable from
an employee because
a. | an employer controls how an independent contractor
performs work. | b. | an employer must
deduct Social Security taxes for an independent contractor. | c. | an employer does not control how an independent contractor performs
work. | d. | all of the above. | e. | none of the above. |
|
|
|
17.
|
In motor vehicle consent statutes, vicarious
liability is imposed on
a. | owners of vehicles for the negligence of drivers of
other vehicles. | b. | pedestrians. | c. | bystanders. | d. | the owner of the
vehicle for the negligence of those who drive his or her
vehicle. |
|
|
|
18.
|
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 |
|
|
|
19.
|
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 |
|
|
|
20.
|
Which of the following topics is not
associated with the scope of employment?
a. | Coming and going rule | b. | Frolic and detour rule | c. | Vicarious
liability | d. | Respondeat superior | e. | All of the above are associated with scope of
employment. |
|
|
|
21.
|
Emotional distress includes which of the
following?
a. | Mental anguish | b. | Fright | c. | Grief | d. | Embarrassment | e. | All of the
above |
|
|
|
22.
|
Which of the following is not associated
with negligent infliction of emotional distress?
a. | Impact rule | b. | Frolic and detour rule | c. | Physical
manifestations rule | d. | Zone of danger
rule | e. | Sensory perception
rule |
|
|
|
23.
|
According to 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. |
|
|
|
24.
|
In actions involving negligence per se,
negligence
a. | is presumed because of the tortfeasor’s violation
of a statute. | b. | cannot be
presumed. | c. | is presumed if injury occurs to
minors. | d. | is presumed if injury occurs to persons with special
relationships. |
|
|
|
25.
|
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. |
|