A customer purchases a cup of coffee at the take-out window of an international fast food chain.
The restaurant makes the coffee as hot as possible, short of turning it into steam, because most people
who get coffee at a take out window will wait before drinking it. The customer goes to a car, and puts
the coffee between the customer's legs, so as to be able to wrench the lid off the coffee cup. This
causes the coffee to splash onto the customer's pants, which results in third degree burns. The
customer sues in negligence, alleging that the restaurant breached a duty of care. The restaurant might
be able to escape liability because of the customer's
A) assumption of the risk B) age
C) contributory negligence D) comparative fault
Q. #2If a manufacturer sells a handgun that it knows has a propensity to fire when dropped on its handle,
and that happens so that a victim is wounded, the victim most effectively could sue for
A) breach of duty to warn B) assault
C) breach of duty to inspect D) strict liability
Q. #3When an adult is in loco parentis, the adult may use reasonable force to discipline a child in the adult's care.
Indicate whether the statement is true or false
Q. #4A court might find that an owner of a pet is strictly liable because the
A) defendant denies that the pet caused any damages
B) defendant has breached a duty to exercise reasonable care
C) plaintiff suffered minor damages
D) pet had a known propensity for violence
Q. #5A jurisdiction has enacted a dog-bite liability statute. The defendant's dog has never bitten anyone
until it bites plaintiff. Will plaintiff's claim for damages under a theory of strict liability succeed?
A) no, because strict liability applies only to wild animals
B) yes, because of the statute
C) no, because the dog had no known propensity for violence
D) yes, because a duty of care is imposed as a matter of common law
Q. #6Which defense could a defendant use to escape a claim of strict liability because the defendant's
dog bit the plaintiff?
A) the pet had no known propensity for violence
B) holding the defendant liable would impose a heavy burden upon the defendant
C) the dog was a wild animal
D) every dog is entitled to one bite
Q. #7A customer purchases canned food which, contrary to the expiration date stamped on it, has gone
bad and is no longer fit to eat. The retailer had bought the food from a wholesaler, who had bought it
from the manufacturer. If the customer does not realize that the food is tainted and gets so sick as to
be hospitalized, the customer could most effectively sue the retailer under a theory of
A) strict liability
B) fraud
C) intentional infliction of emotional distress
D) privity of contract
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