To establish defendant's liability, the plaintiff has to
A) prove that the defendant engaged in willful, wanton and reckless conduct
B) show, by a preponderance of the evidence, that the defendant breached a duty of care
C) use the doctrine of res ipsa loquitur
D) establish that there was negligence per se
Q. #2State law requires all children who ride on school buses use seat belts. A bus without seatbelts is
transporting schoolchildren home when it gets involved in an accident. Any litigation arising out of
this accident
A) will not succeed since this was an unavoidable accident
B) will involve at least a claim of negligence per se
C) depends upon an application of the doctrine of res ispa loquitur
D) will raise a question of fact regarding an Act of God
Q. #3Defendant has been drinking heavily, gets behind the wheel of an automobile, goes out for a drive,
and gets into an accident. If the victim in the accident sues defendant, then what duty of care will the
defendant's conduct be measured against?
A) that of an impaired driver
B) that of a drunk driver
C) that of reasonable person
D) none; the defendant is strictly liable for damages
Q. #4In the previous problem, the insurance company that provided the driver's automobile insurance
policy seeks to recoup some of the moneys that it paid out as damages by seeking contribution from
A) the child's legal guardian B) the child
C) the organizer of the field trip D) the chaperones
Q. #5Li is mowing the lawn, and slips on some wet grass, so that the mower hits and kills a neighbor's
pet. When sued, Li hopes to avoid liability by claiming never to have imagined that a lawn mower
could cause such damage. Will this argument successfully defeat a claim of negligence?
A) yes, because lawn mowers mow lawns
B) no, because Li should be expected to know that wet grass is slippery
C) yes, since Li had not intended to harm the neighbor's pet
D) no, because Li has mowed lawns before
Q. #6In a claim of negligence, one question that the court needs to do is answer the question, Did the plaintiff suffer damages?
Indicate whether the statement is true or false
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