Negligence Law: A Comprehensive Guide for Business Administration Students

Question 1

In a business context, which elements are crucial for establishing a legal duty of care?

Accepted Answer

Foreseeability of harm and proximity

Answer

Assumption of risk and contributory negligence

Answer

Damages and causation

Question 2

Which of the following is NOT an element of a negligence claim?

Accepted Answer

Intent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 3

In negligence law, the standard of care expected of an individual is:

Accepted Answer

The conduct of a reasonable person under the same circumstances

Answer

The standard of care that the individual believes is reasonable

Answer

The highest possible standard of care

Answer

The standard of care that the plaintiff believes is reasonable

Question 4

In a negligence case, the plaintiff must prove that the defendant's actions were:

Accepted Answer

Negligent

Answer

Intentional

Answer

Reckless

Answer

Malicious

Question 5

In a comparative negligence jurisdiction, a plaintiff who is 40% at fault for their injuries can recover:

Accepted Answer

Their damages reduced by 40%

Answer

100% of their damages

Answer

60% of their damages

Answer

Nothing

Question 6

Which of the following is NOT a factor considered when determining the foreseeability of an injury in a negligence case?

Accepted Answer

The availability of insurance

Answer

The defendant's knowledge of similar accidents

Answer

The likelihood of the injury occurring

Answer

The plaintiff's own actions

Question 7

Proximate cause in negligence refers to:

Accepted Answer

The direct and unbroken causal connection between the defendant's actions and the plaintiff's injuries

Answer

The foreseeability of the plaintiff's injuries

Answer

The plaintiff's own negligence

Answer

The defendant's intent to cause harm

Question 8

Identify the element of a negligence cause of action that is NOT included:

Accepted Answer

Intent

Answer

Duty of care

Answer

Breach of duty

Answer

Damages

Question 9

In the context of negligence, what is the legal term for the foreseeable consequences of an individual's actions?

Accepted Answer

Proximate cause

Answer

Negligence per se

Answer

Contributory negligence

Answer

Assumption of risk

Question 10

In a negligence case, which element does the plaintiff NOT need to prove?

Accepted Answer

Defendant's subjective state of mind

Answer

Damages

Answer

Duty of care

Answer

Breach of duty

Question 11

Which type of damages aims to reimburse the plaintiff for their actual losses?

Accepted Answer

Compensatory damages

Answer

Punitive damages

Answer

Nominal damages

Answer

Injunctive relief

Question 12

What is the purpose of the 'reasonable person' standard in negligence law?

Accepted Answer

To establish an objective measure of care

Answer

To excuse individuals who lack knowledge or experience

Answer

To impose strict liability on businesses

Answer

To allow for subjective interpretations of negligence

Question 13

How does the doctrine of 'comparative negligence' impact negligence liability?

Accepted Answer

It allows plaintiffs to recover damages even if they are partially at fault

Answer

It completely bars recovery for plaintiffs who are even slightly at fault

Answer

It only applies in cases involving multiple defendants

Answer

It has been abolished in most states

Question 14

Which element is crucial for establishing 'foreseeability' in negligence?

Accepted Answer

The defendant should have reasonably anticipated the potential harm

Answer

The plaintiff's injuries were a direct result of the defendant's actions

Answer

The defendant intended to cause the harm

Answer

The harm was unavoidable

Question 15

In which scenario is there typically NO duty of care owed?

Accepted Answer

A stranger walking down the street

Answer

A doctor treating a patient

Answer

A landlord to a tenant

Answer

A manufacturer to a consumer

Question 16

The standard of care required in negligence cases is:

Accepted Answer

The standard of care that a reasonable person would have exercised in the same situation

Answer

The standard of care that the defendant actually exercised

Answer

The standard of care that the plaintiff expected the defendant to exercise

Answer

The standard of care that the court believes the defendant should have exercised

Question 17

Which of the following is NOT an essential element of negligence?

Accepted Answer

Intentional conduct

Answer

Breach of duty

Answer

Causation

Answer

Duty of care

Question 18

In a negligence lawsuit, the plaintiff must establish that the defendant:

Accepted Answer

Breached a duty of care owed to the plaintiff

Answer

Intentionally caused harm to the plaintiff

Answer

Knew about the risk of harm but failed to act

Question 19

The primary purpose of awarding damages in negligence cases is to:

Accepted Answer

Compensate the plaintiff for their losses

Answer

Set a precedent for similar cases

Answer

Deter future negligence

Answer

Punish the defendant

Question 20

Which of the following is NOT a recognized category of negligence?

Accepted Answer

Absolute negligence

Answer

Gross negligence

Answer

Ordinary negligence

Answer

Willful negligence

Question 21

To establish causation in a negligence case, the plaintiff must prove that:

Accepted Answer

The defendant's actions were a substantial factor in causing the plaintiff's injuries

Answer

The plaintiff's injuries were reasonably foreseeable

Answer

The defendant's actions were the sole cause of the plaintiff's injuries

Question 22

Which of the following is a duty that individuals generally owe to one another?

Accepted Answer

Duty of care

Answer

Duty of loyalty

Answer

Duty of obedience

Answer

Duty of confidentiality

Question 23

In a negligence case, the burden of proof lies with the:

Accepted Answer

Plaintiff

Answer

Judge

Answer

Jury

Answer

Defendant

Question 24

When determining the duty of care in a negligence case, courts consider:

Accepted Answer

The foreseeability of harm

Answer

The defendant's prior criminal record

Answer

The plaintiff's age and experience

Answer

The defendant's financial resources

Question 25

Which of the following is NOT an element of a negligence claim?

Accepted Answer

Contributory negligence of the plaintiff

Answer

Breach of duty

Answer

Duty of care

Answer

Causation in fact

Question 26

Which of the following is an example of negligence per se?

Accepted Answer

Driving under the influence of alcohol

Answer

Failing to maintain a safe workplace

Answer

Failing to supervise employees

Answer

Failing to warn of a dangerous condition

Question 27

The doctrine of comparative negligence:

Accepted Answer

Reduces the plaintiff's recoverable damages in proportion to their degree of fault

Answer

Eliminates the plaintiff's recovery if they are partially at fault

Answer

Increases the defendant's liability if the plaintiff is partially at fault

Question 28

The concept of proximate cause requires that the defendant's negligence be:

Accepted Answer

A substantial factor in causing the plaintiff's injuries

Answer

The only factor in causing the plaintiff's injuries

Answer

A remote factor in causing the plaintiff's injuries

Question 29

In a negligence lawsuit, the plaintiff must first prove:

Accepted Answer

Duty of care owed by the defendant to the plaintiff.

Answer

Causation between the defendant's actions and the plaintiff's injuries.

Answer

Damages suffered by the plaintiff.

Answer

Foreseeability of harm by the defendant.

Question 30

Which of the following is NOT a valid defense to a negligence claim?

Accepted Answer

Contributory negligence (in jurisdictions that have adopted comparative negligence).

Answer

Statute of limitations.

Answer

Assumption of risk.

Answer

Act of God.

Question 31

Which of the following scenarios illustrates a breach of the duty of care?

Accepted Answer

A healthcare professional fails to properly diagnose a patient's condition, resulting in delayed treatment.

Answer

A pedestrian crosses the street without looking both ways.

Answer

A store owner places a warning sign about a wet floor, but a customer still slips and falls.

Answer

A driver adheres to the posted speed limit, but an accident occurs due to unforeseen circumstances.

Question 32

What is the key distinction between negligence and gross negligence?

Accepted Answer

Gross negligence involves a significantly higher degree of carelessness or recklessness.

Answer

Gross negligence is exclusively applicable to businesses or corporations.

Answer

Negligence is always intentional, while gross negligence is not.

Question 33

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

Accepted Answer

To establish a time limit within which a lawsuit must be filed after the alleged negligent act or omission occurred.

Answer

To deter plaintiffs from filing frivolous lawsuits.

Answer

To shield defendants from potential liability indefinitely.

Question 34

Which of the following scenarios exemplifies an intervening cause?

Accepted Answer

A driver under the influence of alcohol collides with a car that was previously parked negligently.

Answer

A driver experiences a flat tire while operating their vehicle.

Answer

A pedestrian slips on an icy sidewalk.

Question 35

In a negligence case, the defendant is liable for the plaintiff's injuries only if their conduct was the:

Accepted Answer

Legal cause of the injuries

Answer

Foreseeable cause of the injuries

Answer

Contributory cause of the injuries

Answer

Direct cause of the injuries

Question 36

Which of the following is NOT a recognized degree of negligence?

Accepted Answer

Slight negligence

Answer

Ordinary negligence

Answer

Gross negligence

Question 37

In a comparative negligence jurisdiction, the plaintiff's recovery may be reduced if:

Accepted Answer

They were comparatively negligent

Answer

The plaintiff's injuries were relatively minor

Answer

The defendant was more negligent than the plaintiff

Question 38

Which of the following is NOT a factor that a court may consider when determining the applicable standard of care?

Accepted Answer

Defendant's financial resources

Answer

Defendant's knowledge and experience

Answer

Similar conduct by others in the same industry

Answer

Foreseeability of the risk of harm

Question 39

In a negligence case, the burden of proof for establishing the elements of negligence rests on the:

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Judge or jury

Question 40

In the context of negligence, proximate cause refers to the:

Accepted Answer

Foreseeable and direct connection between the breach of duty and the plaintiff's injuries

Answer

Financial losses suffered by the plaintiff

Answer

Legal obligation to act reasonably

Question 41

Which defense can completely or partially eliminate liability in negligence cases?

Accepted Answer

Contributory negligence

Answer

Libel

Answer

Statute of limitations

Answer

Due diligence

Question 42

In legal terminology, who suffers harm or injury as a result of another's negligence?

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Witness

Answer

Judge

Question 43

Which action can establish a legal duty of care?

Accepted Answer

Entering into a contract

Answer

Trespassing on private property

Answer

Breaching a warranty

Answer

Committing assault

Question 44

What common law doctrine prevents a plaintiff from recovering damages if they contributed to their own injuries?

Accepted Answer

Comparative negligence

Answer

Vicarious liability

Answer

Negligence per se

Answer

Strict liability

Question 45

What is the significance of foreseeability in negligence law?

Accepted Answer

It helps determine whether the defendant had a duty of care

Answer

It limits the amount of damages that can be awarded

Answer

It establishes the plaintiff's burden of proof

Question 46

In a negligence case, who has the burden of proving that the defendant was negligent?

Accepted Answer

Plaintiff

Answer

Jury

Answer

Defendant

Answer

Judge

Question 47

Which of the following is NOT an essential element of negligence?

Accepted Answer

Assumption of Risk

Answer

Causation

Answer

Breach of Duty

Answer

Duty of Care

Question 48

A business owner owes a duty of care to:

Accepted Answer

Any individual lawfully present on the property

Answer

Only employees

Answer

Only paying customers

Answer

Only those with express permission to be on the property

Question 49

A driver who exceeds the speed limit in a school zone and causes an accident is likely to be found negligent because they have:

Accepted Answer

Breached their duty of care

Answer

Created a dangerous situation

Answer

Acted with malice

Answer

Caused distress to others

Question 50

The 'but for' test is primarily used to establish:

Accepted Answer

Factual Causation

Answer

Intent

Answer

Proximate Causation

Answer

Damages

Question 51

In the context of negligence, an employer may be held vicariously liable for the actions of an independent contractor if:

Accepted Answer

The activity performed by the contractor is inherently dangerous

Answer

The contractor is paid on an hourly basis

Answer

The contractor fails to complete the work on time

Answer

The contractor is not licensed