1. 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.
2.2 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.
3. 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.
4. 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.
5. 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.
6. Resources Recovery, Inc., uses dynamite in its remote mining operations. Sabrina 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 Resources Recovery nor Sabrina.
b. Resources Recovery and Sabrina.
c. Resources Recovery only.
d. Sabrina only.
7. Breakfast Foods Corporation markets waffle irons, one of which proves defective and injures Chelsea. Breakfast Foods's strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that
a. Breakfast Foods profits from the sale of its waffle irons.
b. Chelsea is a person, not a corporation like Breakfast Foods.
c. marketing is an "abnormally dangerous activity."
d. the doctrine of strict liability is the norm rather than the exception.
8. If a person breaches a duty of care and another person suffers an injury, the breach must have caused the harm for liability to result.
True False
9. A reasonable person standard determines whether a person could have avoided suffering harm from another's allegedly negligent act.
True False