Themis Essay 5500

Question 1

In Virginia, for the doctrine of res ipsa loquitur to apply,

Answer 1

the instrumentality which causes the damage or injury must be in the exclusive possession or management of the defendant.

Question 2

A defendant can escape liability completely in Virginia if

Answer 2

the claimant was contributorily negligent.

Question 3

To establish a negligence claim, the claimant must prove that:

Answer 3

(i) the defendant owed the claimant a duty;
(ii) the defendant breached that duty;
(iii) the claimant suffered actual harm; and
(iv) that harm was both the actual and proximate cause of the claim.

Question 4

A land possessor owes an invitee the duty of reasonable care, including the duty to

Answer 4

use reasonable care to inspect the property, discover unreasonably dangerous conditions, and protect the invitee from them.

Question 5

An invitee includes a business visitor invited to enter or remain on the land for the purpose of

Answer 5

conducting business with the land possessor.

Question 6

A land possessor’s duty to invitees is

Answer 6

non-delegable.

Question 7

Even when a land possessor engages an independent contractor to clean the premises of a business,

Answer 7

the land possessor remains vicariously liable for the independent contractor’s failure to maintain the premises in a reasonably safe condition.