Question 1 (1 point) Saved Which of the following accurately describes the difference between misfeasance and nonfeasance? Question 1 options: a) Misfeasance is active misconduct
Question 1 (1 point)
Saved
Which of the following accurately describes the difference between misfeasance and nonfeasance?
Question 1 options:
a)
Misfeasance is active misconduct and nonfeasance is passive inaction.
b)
Misfeasance is passive inaction and nonfeasance is active misconduct.
c)
Misfeasance is acting with due care and nonfeasance is acting without due care.
d)
Misfeasance is acting without due care and nonfeasance is acting with due care.
Question 2 (1 point)
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Which of the following is not an exception to the general rule that there is not a duty to rescue or care for another?
Question 2 options:
a)
Creation of the peril.
b)
Special relationship.
c)
Attempted rescue or care for the plaintiff.
d)
Gratuitous promise to help.
Question 3 (1 point)
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Which of the following correctly states the legal rule for the creation of the peril exception that leads to a duty to act?
Question 3 options:
a)
Everyone has an obligation to not create perils.
b)
If a person knows or should know that their conduct has caused harm to another, then the person has a duty to render assistance to that person to prevent further harm.
c)
If a person knows or should know that their conduct has caused harm to another, then the person has no duty to render assistance to that person to prevent further harm.
d)
A defendant does not have a duty to act unless they acted negligently in creating a peril.
Question 4 (1 point)
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Donna is out jogging and she sees another jogger lying down on the ground screaming in pain. There is no one else around to help. Which of the following accurately describes Donna's duty to act?
Question 4 options:
a)
She must go over to ask the person if they need help.
b)
She does not have any duty to go over to help, but if she does go over to help, she has to ensure that no one else tries to give the jogger any help.
c)
She does not have any duty to go over to help, but if she does go over to help, she must act reasonably and she may not leave the jogger in a worse position than the jogger was in originally.
d)
She should not go over to help because she will be liable if she is not able to help.
Question 5 (1 point)
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Dan is out driving home late at night. He hits a deer with his car. He gets out, assesses the damage to his car, and sees the deer lying dead in the middle of the road. He notices that the deer is very large and he is grateful that his car did not have more damage. He then leaves to go home because he is tired. Peter comes by about 30 minutes later. He does not see the dead deer in the road in time to stop, and crashes into it. Which of the following is true?
Question 5 options:
a)
Dan created a peril. He had a duty to remove the deer, or call for help.
b)
Dan did not create a peril. He had no duty to remove the deer or call for help.
c)
Dan getting out of his car to see the deer is an attempted rescue, and created a duty to act reasonably which Dan satisfied by not making the deer worse off than when he found it.
d)
Dan created a peril by hitting the deer, but he met his duty to act by getting out of the car and seeing that the deer was dead and too large to move.
Question 6 (1 point)
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Larry the landlord is walking down the stairs of his building and he sees Terry the tenant lying face down at the bottom of the stairs.
Question 6 options:
a)
Larry has no obligation to help Terry.
b)
Larry has no obligation to help Terry, but if he does help, he must act reasonably and not leave Terry worse off than he found him.
c)
Larry has an obligation to help Terry because he is the landlord.
d)
Larry has an obligation to help Terry because he created the peril that led to Terry falling down the stairs.
Question 7 (1 point)
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What is the difference between a Good Samaritan law and a Bad Samaritan law?
Question 7 options:
a)
A Good Samaritan law punishes those that do not help people in grave physical harm, or in emergency situations, and a Bad Samaritan law provides protection from liability for those that do help.
b)
A Good Samaritan law provides protection from liability for those that help people in grave physical harm, or in emergency situations, and a Bad Samaritan law provides protection, but also created a duty to act and punish those that do not act.
c)
Good Samaritan law identifies good Samaritans for inclusion in local newspapers to publicize their good deeds. Bad Samaritan statutes identify bad Samaritans for inclusion in local newspapers to publicize their bad deeds.
d)
Good Samaritan laws protect against gross negligence and willful and wanton conduct. Bad Samaritan laws protect against negligence.
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