Negligence and Strict Liability: A Comprehensive Guide for Business Administration Students

Question 1

Which defense to negligence relieves the defendant from liability based on the plaintiff's voluntary assumption of the risk?

Accepted Answer

Assumption of risk

Answer

Contributory negligence

Answer

Comparative negligence

Answer

Statute of limitations

Question 2

Strict liability is typically imposed when:

Accepted Answer

The product is inherently dangerous or poses an unreasonable risk of harm

Answer

The defendant intended to cause harm

Answer

The defendant acted negligently

Answer

The plaintiff was trespassing

Question 3

Which of the following is a fundamental duty of manufacturers under product liability law?

Accepted Answer

To provide adequate warnings and instructions about potential hazards

Answer

To guarantee the absolute safety of their products

Answer

To physically inspect every product before it is sold

Answer

To immediately recall any products discovered to be defective

Question 4

When determining the reasonableness of a defendant's conduct in a negligence case, which of the following factors is NOT typically considered?

Accepted Answer

The defendant's financial resources

Answer

The industry standard of care

Answer

The defendant's experience and training

Answer

The potential for harm caused by the defendant's actions

Question 5

In a strict liability case, the plaintiff is NOT required to demonstrate:

Accepted Answer

The defendant's negligence

Answer

That they suffered injuries or damages

Answer

That the product was defective

Answer

That the defect in the product caused their injuries or damages

Question 6

Which of the following options describes the defense of assumption of risk in product liability cases?

Accepted Answer

The plaintiff knew about the risk and voluntarily chose to use the product

Answer

The defendant provided adequate warnings about the risk

Answer

The product was not inherently dangerous

Answer

The plaintiff was trespassing on the defendant's property

Question 7

Which of these is NOT required to prove negligence in a business lawsuit?

Accepted Answer

The injured party assumed the risk of harm

Answer

Duty of care to the injured party

Answer

Proof that the business caused the injury

Answer

Evidence of actual damages or harm

Question 8

In negligence cases, which defense asserts that the plaintiff's own actions contributed to their injuries?

Accepted Answer

Contributory negligence

Answer

Comparative negligence

Answer

Assumption of risk

Answer

Statute of limitations

Question 9

What is a fundamental distinction between negligence and strict liability?

Accepted Answer

In negligence, fault is a necessary element, while in strict liability, it is not.

Answer

In strict liability, the plaintiff must prove the defendant's fault, while in negligence, they do not.

Answer

Strict liability only applies to intentional torts, while negligence can apply to both intentional and unintentional torts

Answer

Negligence focuses on the plaintiff's conduct, whereas strict liability focuses on the defendant's product.

Question 10

In a strict liability case involving a defective product, which defense might the manufacturer raise?

Accepted Answer

Alteration or misuse of the product

Answer

Contributory negligence

Answer

Comparative negligence

Answer

Assumption of risk

Question 11

Which element is crucial for establishing a cause of action for intentional infliction of emotional distress (IIED)?

Accepted Answer

Outrageous conduct

Answer

Actual physical harm

Answer

Damages

Answer

Intent to inflict emotional distress

Question 12

When is an employer most likely to be held responsible for an employee's negligent actions?

Accepted Answer

When the employee is acting within the scope of their employment

Answer

When the employee is acting outside the scope of their employment

Answer

When the employee is acting intentionally to harm a third party

Answer

When the employee is acting under the direct supervision of their manager

Question 13

Which of the following is NOT a primary purpose of tort law?

Accepted Answer

Establishing new legal rights

Answer

Compensating victims for injuries

Answer

Deterrence of future wrongful conduct

Answer

Punishment of wrongdoers

Question 14

In a breach of contract case, which remedy is commonly awarded to the non-breaching party?

Accepted Answer

Compensatory damages

Answer

Punitive damages

Answer

Injunction

Answer

Specific performance

Question 15

Strict liability can be limited by the 'unforeseeable plaintiff' exception.  Which scenario best illustrates this limitation?

Accepted Answer

The plaintiff's injury occurs outside the intended use of the product.

Answer

A third party's action causes the plaintiff's injury.

Answer

The plaintiff is aware of the product's potential risks.

Answer

The plaintiff's own negligence contributes to the injury.

Question 16

In the context of strict liability, which of the following is irrelevant?

Accepted Answer

Plaintiff's negligence

Answer

Defendant's intent

Answer

Product defect

Answer

Foreseeability of harm

Question 17

What is the primary purpose of a statute of limitations in negligence cases?

Accepted Answer

To establish a time limit for filing claims

Answer

To provide defendants with notice of potential claims

Answer

To prevent frivolous claims

Answer

To expedite the legal process

Question 18

How does gross negligence differ from ordinary negligence?

Accepted Answer

Gross negligence involves a higher degree of carelessness

Answer

Negligence is a civil wrong, while gross negligence is a crime

Answer

There is no legal distinction between negligence and gross negligence

Answer

Gross negligence applies only to professionals

Question 19

In negligence claims, how do the defenses of contributory negligence and comparative negligence differ?

Accepted Answer

Contributory negligence bars recovery, while comparative negligence reduces damages based on the plaintiff's fault.

Answer

Comparative negligence favors defendants more than contributory negligence.

Answer

Both defenses eliminate the defendant's liability.

Answer

Contributory negligence applies only to intentional torts.

Question 20

In a negligence case, which defense absolves the defendant from liability even if they breached their duty of care?

Accepted Answer

Assumption of Risk

Answer

Comparative Negligence

Answer

Statute of Limitations

Answer

Act of God

Question 21

Which of the following scenarios best exemplifies the application of strict liability?

Accepted Answer

A manufacturing defect causing a car accident

Answer

A doctor's error during surgery

Answer

A false statement harming someone's reputation

Answer

An intentional assault

Question 22

What is the fundamental distinction between negligence and strict liability?

Accepted Answer

Strict liability imposes liability regardless of fault, while negligence requires proof of fault.

Answer

Negligence requires proof of intent, whereas strict liability does not.

Answer

Negligence focuses on the plaintiff's conduct, while strict liability focuses on the defendant's conduct.

Answer

Strict liability only compensates for economic losses, while negligence covers both economic and non-economic losses.

Question 23

What is the primary purpose of a statute of limitations in negligence cases?

Accepted Answer

To prevent the filing of outdated claims

Answer

To provide defendants ample time to gather evidence

Answer

To reduce the workload of the courts

Answer

To deter frivolous lawsuits

Question 24

What is the primary distinction between negligence and strict liability?

Accepted Answer

Negligence necessitates proof of fault, while strict liability does not.

Answer

Strict liability applies only to specific products, while negligence encompasses all situations.

Answer

Negligence is restricted to compensatory damages, whereas strict liability encompasses punitive damages.

Answer

There is no distinction between negligence and strict liability.

Question 25

Which scenario exemplifies the application of strict liability?

Accepted Answer

Liability for a defective product

Answer

Medical malpractice

Answer

Breach of a contract

Answer

Libel

Question 26

What is the primary purpose of punitive damages in negligence actions?

Accepted Answer

To punish defendants for reckless or malicious behavior and deter future negligence.

Answer

To compensate victims for their losses.

Answer

To cover the plaintiff's legal expenses.

Answer

To provide financial compensation to the injured party's family.

Question 27

Which of the following is NOT an essential element of strict product liability?

Accepted Answer

Fault of the manufacturer

Answer

A defect in the product

Answer

Proximate cause

Answer

Injury to the plaintiff

Question 28

Explain the essential difference between contributory negligence and comparative negligence.

Accepted Answer

Contributory negligence bars recovery, while comparative negligence permits reduced recovery.

Answer

Comparative negligence bars recovery, while contributory negligence allows for reduced recovery.

Answer

There is no meaningful distinction between contributory negligence and comparative negligence.

Answer

Contributory negligence applies universally, while comparative negligence is limited to certain jurisdictions.

Question 29

What is the significance of the statute of limitations in negligence cases?

Accepted Answer

It establishes a time limit within which legal action must be initiated.

Answer

It determines the amount of damages that can be awarded.

Answer

It defines the specific legal theory that must be applied.

Answer

It has no relevance to negligence cases.

Question 30

In the context of negligence, what legal standard of care must businesses adhere to?

Accepted Answer

Reasonable care

Answer

Exceptional care

Answer

Negligent care

Answer

Strict liability

Question 31

Under the principle of strict liability, businesses are held responsible for damages caused by their products, regardless of:

Accepted Answer

Fault

Answer

Intent

Answer

Foreseeability

Answer

Causation

Question 32

What is the purpose of the Comparative Negligence doctrine?

Accepted Answer

To reduce damages awarded to plaintiffs based on their degree of fault

Answer

To prevent recovery for plaintiffs who are partially at fault

Answer

To shift the burden of proof to defendants

Answer

To create a rebuttable presumption of negligence against defendants

Question 33

Which of the following is NOT a factor considered in determining the reasonableness of a business's conduct in a negligence case?

Accepted Answer

Defendant's financial resources

Answer

Industry standards

Answer

Customary practices

Answer

Foreseeable risks

Question 34

Who has the burden of proof in a negligence lawsuit?

Accepted Answer

Plaintiff must prove negligence by a preponderance of the evidence

Answer

Defendant must prove absence of negligence by clear and convincing evidence

Answer

Jury must presume negligence unless rebutted by defendant

Answer

Burden of proof shifts depending on the specific circumstances

Question 35

How does the concept of negligence differ from the concept of breach of contract?

Accepted Answer

Negligence focuses on unintentional harm caused by a failure to meet a duty of care, while breach of contract focuses on intentional or unintentional failure to fulfill a promise

Answer

Negligence requires a duty of care, while breach of contract does not

Answer

Negligence is a tort, while breach of contract is a crime

Answer

There is no significant difference between negligence and breach of contract

Question 36

In negligence and strict liability cases, expert witnesses play a crucial role. Explain how their specialized knowledge can impact the trial's outcome.

Accepted Answer

Expert witnesses provide specialized knowledge to help the jury understand complex technical issues in the case.

Answer

Expert witnesses are not allowed to testify in negligence and strict liability cases.

Answer

Expert witness testimony is legally binding on the jury.

Question 37

In the context of negligence, 'foreseeability' refers to:

Accepted Answer

The defendant's ability to predict the potential harm caused by their actions or inaction.

Answer

The plaintiff's ability to avoid the harm caused.

Answer

The probability of the harm occurring.

Answer

The extent of the damages caused.

Question 38

Which of the following is an essential element of negligence?

Accepted Answer

Duty of care

Answer

Foreseeable harm

Answer

Actual damages

Answer

Malicious intent

Question 39

In a strict liability case, the defendant may be held liable regardless of:

Accepted Answer

Fault or negligence

Answer

Causation or foreseeability

Answer

Actual harm or injury

Answer

Intent or motive

Question 40

Strict liability is most commonly applied in cases involving:

Accepted Answer

Defective products

Answer

Intentional torts

Answer

Breach of contracts

Answer

Trespassing or nuisance

Question 41

In a negligence action, the plaintiff must demonstrate:

Accepted Answer

Both actual and proximate cause

Answer

Gross negligence or recklessness

Answer

Foreseeability and intent

Answer

Malice or specific intent

Question 42

Which of the following is NOT an element required to establish strict liability?

Accepted Answer

Negligence

Answer

Sale of a product

Answer

Injury or damage

Question 43

Strict liability is primarily based on the principle of:

Accepted Answer

Public policy

Answer

Economic efficiency

Answer

Individual responsibility

Question 44

When determining the reasonableness of a defendant's conduct in a negligence case, a relevant factor to consider is:

Accepted Answer

Industry standards or practices

Answer

Defendant's personal beliefs

Answer

Defendant's age or experience

Question 45

In a strict liability case, the plaintiff does NOT need to prove:

Accepted Answer

Negligence on behalf of the defendant

Answer

Sale of the product by the defendant

Answer

Defect in the product

Question 46

Which of the following is an essential element of negligence?

Accepted Answer

Duty of care

Answer

Reasonable conduct

Answer

Actual damages

Answer

Intentional harm

Question 47

Define strict liability in the context of law.

Accepted Answer

Legal responsibility regardless of fault or intent

Answer

Liability shared between the plaintiff and defendant

Answer

Responsibility limited to cases of gross negligence

Answer

Liability based solely on intentional actions

Question 48

In a strict liability case, the plaintiff must prove:

Accepted Answer

Causation and damages

Answer

Fault or negligence of the defendant

Answer

Foreseeability of harm

Answer

Intent to cause harm

Question 49

Provide an example of strict liability in business law.

Accepted Answer

Product liability

Answer

Defamation

Answer

Fraud

Answer

Breach of fiduciary duty

Question 50

Which statement accurately describes contributory negligence?

Accepted Answer

It prevents a plaintiff from recovering damages if their negligence contributed to the accident.

Answer

It is a complete defense to all negligence claims.

Answer

It reduces the plaintiff's damages by the percentage of their negligence.

Question 51

What is the primary purpose of the statute of limitations in negligence cases?

Accepted Answer

To set a time limit for filing lawsuits

Answer

To provide time for settlement negotiations

Answer

To protect defendants from excessive damages

Answer

To ensure the accuracy of evidence

Question 52

Which factor is considered when determining the standard of care in negligence cases?

Accepted Answer

Custom of the industry

Answer

Financial situation of the defendant

Answer

Age of the injured party

Question 53

Distinguish between ordinary negligence and gross negligence.

Accepted Answer

Gross negligence involves a higher degree of carelessness and recklessness.

Answer

Gross negligence is intentional, while ordinary negligence is unintentional.

Answer

Ordinary negligence requires proof of actual damages, while gross negligence does not.

Question 54

Which of the following is an application of strict liability commonly encountered in business law?

Accepted Answer

Liability for defective products sold

Answer

Breach of contract

Answer

Intentional torts

Answer

Property damage