Question
1. Dave slips and falls on Ken's boat and is injured. Dave files a suit against Ken for $500,000. If Dave is 20% at fault
1. Dave slips and falls on Ken's boat and is injured. Dave files a suit against Ken for $500,000. If Dave is 20% at fault and Ken is 80%, and the court applies comparative negligence principles, Dave would recover ___________________,
$0.
$250,000.
$400,000.
$500,000.
2. The law of negligence is based on:
the concept of fault.
a policy decision about who should bear the loss.
the obviousness of the hazard.
the doctrine of respondeat superior.
3. When Steven arrived at the airport for his prearranged flight, the clerk informed him that there were no seats available. Steven lost his composure and started to scream at the clerk, demanding a seat on the plane. As he yelled, Steven paced back and forth in front of the airline counter. Steven made no physical movement towards the clerk. Which statement is correct?
The airline is liable for the tort of mental distress. Its actions caused Steven to suffer serious emotional distress.
The airline is liable for the tort of false imprisonment because Steven could not leave the airport on his prearranged flight.
Steven is strictly liable because he acted like a wild animal.
Steven is not liable for assault because verbal threats alone are not assault.
4. What do all theories of tort liability have in common?
A simple duty to avoid.
A reasonable duty to avoid.
A determination of fault.
The element of foreseeability.
5. Generally, a motion for summary judgment is made after:
the answer is filed, but before discovery.
discovery, but before trial.
the closing arguments, but before jury deliberation.
trial, but before appeal.
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