Chapter 7

Question 1

A duty of due care may arise only if a contract or statute creates such a duty

Answer 1

False. A special relationship (property owner and invitee,lawyer and client, doctor and patient) may create a duty of due care

Question 2

Without a duty, there can be no breach

True or false

Answer 2

True

Question 3

Res ipsa loquitur means

Answer 3

The thing speaks for itself and is related to causation

Question 4

Refers to a situation in which a defendant violates a regulation and is therefore “negligent per se.”

Answer 4

Negligence

Question 5

Contributory negligence and comparative negligence mean the same thing

Answer 5

False

Question 6

Assumption of risk is the plaintiffs voluntary consent to a known danger

Answer 6

True

Question 7

Imposing strict liability is a social policy decision

Answer 7

True

Question 8

The elements of a negligence claim include

Answer 8

A duty of due care
Breach of the duty of due care
Causation (actual and proximate)
Injury to plaintiff

Question 9

The reasonable person test focuses on:

Answer 9

Defendants behavior

Question 10

The causation element requires proof of:

Answer 10

Actual cause (the "but for" test)
Proximate cause

Question 11

A property owner or tenant must exercise reasonable care for the safety of his or her

Answer 11

Invitees