Wednesday, November 6, 2019

Assume Bob is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true?

Which of the following is behavior that creates an unreasonable risk of harm to others and involves the failure to exercise reasonable care to protect another's personal property? 
A. Negligence.
B. Strict Liability.
C. Compensatory conduct.
D. Intentional wrongdoing.
E. Both negligence and intentional wrongdoing.
Negligence is behavior that creates an unreasonable risk of harm to others. In contrast to intentional torts, which result from a person's willfully taking actions that are likely to cause injury, negligent torts involve the failure to exercise reasonable care to protect another's person or property.

Assume Bob is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true? 
A. The student can recover upon a showing of injury. Nothing else is required.
B. The student may recover only if the student can show that the student was in the marked crosswalk.
C. It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.
D. The student can recover only if it can be shown that Bob had insurance.
E. The student can recover only if the student can establish that the student did not have any medical insurance.
Sometimes, however, harm occurs because an individual suffers an unfortunate accident, an incident that simply could not be avoided, even with reasonable care.

Which of the following must a plaintiff prove to win a negligence case? 
A. Duty, breach of duty and causation.
B. Breach of duty only.
C. Duty and causation only.
D. Causation and damages.
E. Duty, breach of duty, causation and damages.
To win a negligence case, the plaintiff must prove four elements: (1) duty, (2) breach of duty, (3) causation, and (4) damages.

The ________ standard is a measurement of the way members of society expect an individual to act in a given situation. 
A. Reasonable person
B. Above-average person
C. Without error
D. Perfect accountability
E. Reasonable accountability
The reasonable person standard is a measurement of the way members of society expect an individual to act in a given situation. To determine the defendant's duty of care, the judge or jury must determine the degree of care and skill that a reasonable person would exercise under similar circumstances.

While driving her car down the street, Susan sees a child playing near the road with no adult around. Which of the following is true? 
A. Because the law holds that every U.S. citizen holds the duty to help a stranger in peril, she must come to the child's assistance.
B. She must come to the child's assistance only because a child is involved.
C. She has no duty to render assistance to the child.
D. She must render assistance to the child only if she can do so without peril to herself.
E. She must render assistance to the child only if she is acquainted with the child's parents.
In most situations like this one, the law holds that individuals have no duty to rescue strangers from perilous situations.

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