Quiz: Chapter 8

Question 1

Question 1: When we use the term “reasonableness” in the law of negligence to describe the defendant’s conduct, we mean that:

Answer 1

The defendant’s conduct was no worse than could be expected in the circumstances.

Question 2

Question 2: When counseling a patient about a medical procedure, what risks should the doctor talk about without being asked?

Answer 2

The risks that a reasonable patient would expect to be told about.

Question 3

Question 3: When should risk assessments be carried out?

Answer 3

With reasonable frequency.

Question 4

Question 4: Which of the following is the correct spelling for the Latinism that “the thing speaks for itself”?

Answer 4

Res ipsa loquitur.

Question 5

Question 5: Which of the following is the correct spelling for the Latinism for “in the position of a parent”?

Answer 5

In loco parentis.

Question 6

Question 6: Who decides what is the relevant standard of care?

Answer 6

The jury, except in cases of premises liability or where there is no genuine dispute of fact, when it is the judge.

Question 7

Question 7: What is the implication of the “Hand formula”?

Answer 7

The defendant should have acted if B < PL.

Question 8

Question 8: What is normally meant by the doctrine of “standard of care”?

Answer 8

The actor should behave reasonably.

Question 9

Question 9: Victor was injured when he stepped into the road without looking. Davina had been driving her truck down the same road and was unwrapping a chocolate bar as she approached the spot where Victor was crossing. Consequently, she did not see Victor until it was too late. Swerving, she almost managed to avoid Victor, but caught him a glancing blow before careening off into a paint factory owned by Sally. Davina’s truck was full of chemicals which, when mixed with the paint, caused an explosion that damaged the factory and its contents extensively. Assuming that Davina owed a duty to Victor, did she breach that duty?

Answer 9

Yes, because Davina was driving badly.

Question 10

Question 10: What sort of standard is the standard of care?

Answer 10

Objective.

Question 11

Question 11: Failing to take which of the following types of precautions will amount to a breach of duty?

Answer 11

A reasonable precaution.

Question 12

Question 12: Mr. Smith was in financial difficulties, but did not wish his wife to know. He sought to obtain a new, larger mortgage on the house that they owned together, and forged his wife’s signature on the relevant documents. He had those documents notarized by a friend, who knew both Smiths but who did not bother to check Mrs. Smith’s forged signature. Mr. Smith has since died, and Mrs. Smith now finds herself faced with much bigger mortgage payments than she expected — payments she cannot hope to meet without her husband’s income to augment her own. Did the notary breach his duty of care?

Answer 12

Yes, because the notary failed to act like a reasonable notary.

Question 13

Question 13: Against what standard is the conduct of a medical professional judged?

Answer 13

The standard of others in the same specialism throughout in the United States.

Question 14

Question 14: What is “defensive medicine”?

Answer 14

Practising medicine in such a way as to provide the practitioner with the best defense against a possible lawsuit.

Question 15

Question 15: Breach of duty means taking which of the following risks?

Answer 15

An unreasonable risk.

Question 16

Question 16: What sort of duty is owed by a common carrier?

Answer 16

A duty to take more than reasonable care.

Question 17

Question 17: If an owner of premises fails to warn an invitee about a danger on those premises, what is the position?

Answer 17

The owner owes a duty of care, but we do not have sufficient information to know whether s/he breached it.

Question 18

Question 18: Victor was injured when he stepped into the road without looking. Davina had been driving her truck down the same road and was unwrapping a chocolate bar as she approached the spot where Victor was crossing. Consequently, she did not see Victor until it was too late. Swerving, she almost managed to avoid Victor, but caught him a glancing blow before careening off into a paint factory owned by Sally. David’s truck was full of chemicals which, when mixed with the paint, caused an explosion that damaged the factory and its contents extensively. Assuming that Davina owed a duty to Sally, did she breach that duty?

Answer 18

Yes, because Davina was driving badly.

Question 19

Question 19: Which of the following is not true?

Answer 19

The law of torts requires that a doctor should be prepared to treat his or her patients differently because of their nationality.

Question 20

Question 20: Who decides whether the defendant breached his or her duty?

Answer 20

The jury, unless there is no genuine dispute of fact, when it is the judge.