BUL 3310 Exam 2 with Solutions to Questions
Al, Bill, Chad, and Dan were found jointly and severally liable for 100,000 of property
damages caused when a fraternity got out of hand. Al, Bill, and Chad do not have
the money to pay for their share of the damages. The only solvent defendant is Dan.
The most that Dan will have to pay is
25000
50000
75000
100000 - Answer 100,000
In Joint and several liability one party is potentially liable to pay the entire amount
of the judgement
T/F - Answer True
In most states, children under the age of ___ cannot be held liable for negligence -
Answer 7
There are no defenses available to a defendant manufacturer in market share
liability cases
T/F - Answer False
,An action for mental distress normally requires the plaintiff to exhibit some physical
symptoms of emotional suffering
T/F - Answer True
To be liable for trespass to land a person must know that the property belongs
to another
T/F - Answer False
Local hunter went onto Neighbor's land because deer had been seen there. Hunter
knew that the land belonged to his neighbor and that it was posted against hunting. If
Neighbor sues Hunter,
Hunter will be liable for willful trespass to land.
Hunter may be liable for punitive damages.
Hunter may have to pay neighbor's court costs and attorney's fees
A, B and C are all possible legal consequences. - Answer A, B and C are all possible
legal consequences.
Tom took Al's car without Al's permission and used it for two days before returning it.
Tom has committed the tort of conversion
T/F - Answer False
Injunctions are available as remedies in nuisance cases
T/F - Answer True
,Which of the following describes the duty of a landowner to a trespasser under
the common law?
The duty to warn of obvious dangers
The duty to warn of hidden dangers
The duty not to entrap the trespasser on the premises
The duty to make certain that the premises are absolutely safe - Answer The duty not to
entrap the trespasser on the premises
Beth invited Roger to her house. Roger, while walking in Beth's yard, fell in an
unobservable hole and broke his ankle. Beth was aware the holes were left in her
yard after she had the sprinkler system removed. In common law, would Beth be
liable for Roger's injuries?
Yes, she had a duty to warn him of hidden dangers.
Yes, she is liable in strict liability.
No, her only duty to Roger was not to entrap him on the property.
No, as an adult Roger is presumed to have the legal ability to take care of himself. -
Answer Yes, she had a duty to warn him of hidden dangers
Traditionally landowners owe the highest duty of care to
, Trespassers
Invited guests
Family members
Business invitees - Answer Business invitees
Absent a special relationship, one person has no legal duty to warn or rescue another
T/F - Answer True
The reasonable person is a community ideal of reasonable behavior that cannot
vary from situation to situation
T/F - Answer False
Which of the following statements is true about the use of the reasonable
person standard in negligence cases?
The reasonable person is presumed to have a minimum level of knowledge
and common sense.
The reasonable person of the standard takes on the physical characteristics of the
defendant.
The standard of care for the reasonable person would be less stringent in
emergency situations.
Al, Bill, Chad, and Dan were found jointly and severally liable for 100,000 of property
damages caused when a fraternity got out of hand. Al, Bill, and Chad do not have
the money to pay for their share of the damages. The only solvent defendant is Dan.
The most that Dan will have to pay is
25000
50000
75000
100000 - Answer 100,000
In Joint and several liability one party is potentially liable to pay the entire amount
of the judgement
T/F - Answer True
In most states, children under the age of ___ cannot be held liable for negligence -
Answer 7
There are no defenses available to a defendant manufacturer in market share
liability cases
T/F - Answer False
,An action for mental distress normally requires the plaintiff to exhibit some physical
symptoms of emotional suffering
T/F - Answer True
To be liable for trespass to land a person must know that the property belongs
to another
T/F - Answer False
Local hunter went onto Neighbor's land because deer had been seen there. Hunter
knew that the land belonged to his neighbor and that it was posted against hunting. If
Neighbor sues Hunter,
Hunter will be liable for willful trespass to land.
Hunter may be liable for punitive damages.
Hunter may have to pay neighbor's court costs and attorney's fees
A, B and C are all possible legal consequences. - Answer A, B and C are all possible
legal consequences.
Tom took Al's car without Al's permission and used it for two days before returning it.
Tom has committed the tort of conversion
T/F - Answer False
Injunctions are available as remedies in nuisance cases
T/F - Answer True
,Which of the following describes the duty of a landowner to a trespasser under
the common law?
The duty to warn of obvious dangers
The duty to warn of hidden dangers
The duty not to entrap the trespasser on the premises
The duty to make certain that the premises are absolutely safe - Answer The duty not to
entrap the trespasser on the premises
Beth invited Roger to her house. Roger, while walking in Beth's yard, fell in an
unobservable hole and broke his ankle. Beth was aware the holes were left in her
yard after she had the sprinkler system removed. In common law, would Beth be
liable for Roger's injuries?
Yes, she had a duty to warn him of hidden dangers.
Yes, she is liable in strict liability.
No, her only duty to Roger was not to entrap him on the property.
No, as an adult Roger is presumed to have the legal ability to take care of himself. -
Answer Yes, she had a duty to warn him of hidden dangers
Traditionally landowners owe the highest duty of care to
, Trespassers
Invited guests
Family members
Business invitees - Answer Business invitees
Absent a special relationship, one person has no legal duty to warn or rescue another
T/F - Answer True
The reasonable person is a community ideal of reasonable behavior that cannot
vary from situation to situation
T/F - Answer False
Which of the following statements is true about the use of the reasonable
person standard in negligence cases?
The reasonable person is presumed to have a minimum level of knowledge
and common sense.
The reasonable person of the standard takes on the physical characteristics of the
defendant.
The standard of care for the reasonable person would be less stringent in
emergency situations.
