Miscellaneous Quiz / Torts Cases #1 (Ben Asher)

Random Miscellaneous Quiz

Can you name the Torts Cases?

Quiz not verified by Sporcle

Forced Order
Score 0/57 Timer 12:00
Accident closed overpass to restaurant; No recovery for pure economic loss absent special relationship; Policy Considerations - need to cut off liability
Boy ran into old man w/ bike; Children of certain age + doing certain activities held to lower standard (Illinois v. Mass. Rule); Parents not vicariously liable - must show neglige
Man left hay in stack, knowing risk it would catch fire; Reasonable person is not a subjective standard; Distributive Justice
Kid collects blasting powder left by railroad + then injures friend; if situation where injury occurred is created through actions of others, then liability can be superseded
Boat renter + drowning drunkard; No affirmative duty to rescue
Man mowing + the mower ejected object; If party owes an ordinary duty of care, only liable if they create an unreasonable risk by failing to act as a reasonable person would
Man fell of loading dock w/out guardrails; Violation of applicable administrative safety reg by party that should have known about reg = Negligence Per Se; Burden Shifting
Boys try to fix up boat left on public ground + boat falls one one; boys playing w/ boat + getting injured was w/in the scope of risk
Judge granted MIL preventing cross of expert witness re own practices; Custom is almost always dispositive of professional care - thus expert witnesses practices are irrelevant + p
D died while using electronic tumbler machine - allegedly defective switch; but-for causation = circumstantial evidence supports inference D conduct more likely than not caused inj
Expert medical witness testified if doctor placed intravenous line, 37.5% of survival, compared to 0%; Loss of chance doctrine; substanial factor
Pump caught on fire = led to building catching on fire, then P slips on water; Fire but-for cause but only conditions furnished by event, so Pump defect not prox. cause
Guy at bar drinking w/ women later assaulted + killed her; injury not foreseeable, not w/in scope of the act, + criminal behavior superseding.
Boat loose becase of ice, leads to bridge destruction + flooding; if type of injury is foreseeable, liability is not limited because it was different in manner + extent; Scope of r
P fully barred b/c of bad carriage driving despite pile of wood carelessly in road; Contributory neglignece
Skater injured when forced off skating rink; P assumes risk of injury when they are aware of risk of harm + voluntarily participates
Bank implemented practices for forged checks; Practices that are widely adopted amongst industry + cost-effective are generally reasonable; Paradigm Application of the Hand Formula
Pharmacist - wrong chemo drug; Compensatory awards are proper = injury provides rational basis for amount; Respondeat Superior + Distributive Justice
Primary v. Secondary Assumption of Risk
Meter reader bit by dog after unreasonably entering property; If a statute imposes strict liability + violated, then P liable even if reasonabe care
P sued after requiring surgery for complication that P did not know was risk; Informed consent = prudent patient standard, not reasonable docstandard; not purerly med. process = TJ
While hunting, two men fire in another man's direction, + unclear which of the two hit ; Alternative liability permits the Ds to both be foundliable to full extent; Corrective Just
German exchange student in relationship w/ host family father; B/c of special rationship, parties can be liable for harm; Superseding cause, autonomy, comparative fault
Medical Professional custom not to use a cheap, safe, + efficacious test was unreasonable
Suit against Goodyear Tire - chemicals caused cancer (toxic tort claim); Need to show direct connection between action + cause
P injured when truck driver failed to check blind spot again; What constitutes ordinary care in a particular context is a question for the jury
Man hits pole at ski resort; Commercial businesses open to public may not require invitees to sign waiver; Exculpatory clause void as against public policy
Footballer did not take drugs that prevented mental instability, + attacked cops who shot him; modified comparative fault regimes
Barrel of flour fell off of a cart + knocked man unconscious; Res Ipsa Loquitor Applies
Wire held by kid contacted trolley wires on bridge; Reasonable care = Consider foreseeablilty, preventative steps + cost, custom, public good of service; Fairness + Cost-Benefit An
Ship carelessly released oil into port that caught on fire from welding; fire on water not foreseeable outcome; established foreseeablity test for proximate cause
Man finds nitrogylcerin, which he burries but then found by P's sons, who are injured; Party that left out nitro liable - man's actions not superseding; nitro always threat
Inmate injured while snowblowing after minimal training; Comparative fault
Man injured on a port authority bus; Common carriers, because of special relationship, owe the highest duty of care to passengers
Rut at railroad crossing not fixed, car got stuck, + driver just managed to abondon car before it was destroyed by train; Zone of danger; Physical Manifestation Requirement
Defective wheel - car accident; Manufacturer can be liable if reasonably foreseeable products may become dangerous if negligently constructed (privity rule exception)
P + D hit by car while checking out CD player on sidewalk; Negligence per se not applicable - statute designed to protect different class + from different injury
Skydiver in airplance crash on way to jump; Exculpatory clause gave consent - waived rights; w/in scope
STD Case; Reasonable forseeability defines parameters of duty
If Bargee on barge, then barge probably would not have sunk; Hand Formula determinative of carelessness (B=PxL); Law + Economics (efficiency + cost effectiveness) + Multiple Partie
Higher court rules party permitted to cross-examine expert re expert's practices; Custom is generally dispositive, but expert can still be crossed in order to get at credentials, c
Tug boats caught in storm because no radios, + coal barges damaged; Custom often indicative of ordinary care, but not dispositive - whole industry might be acting negligently.
Concurrent negligent driving of two actors allegdly led to P injuries; But-for test applied to both; can sue + recover from Ds jointly + severally.
Skiercross racer injured in race; assumed risk in participating - pros + no widespread participation; Implied assumption of risk
Nurse w/ min. job training engaged in activity requiring min. special knowledge; Professional standard of care not applicable (i.e., no expert requirement) for regular activities;
Palsgraf injured when package w/ fireworks exploded; allignment of breach + duty not carrying sway; emphasis on the reasonable + foreseaable argument
Flopper amusement ride case; Assumption of Risk = No Breach
Department Store + Elevator Injury; Affirmative duty to provide reasonable care created if customer injured on instrumentality
Bar trespasser - roof access through window; No premise liability if invitee goes beyond scope of invitation; Policy Considerations
Two Ps - one forced to work next to dead body + emo injured, other worked long + stressfull hours + emo injured; first in zone of danger, second not; genuine + foreseeable not enou
Fertilzer comp. sells fertilizer used in WTC Bombs; Terrorist acts were a superseding cause - fertilizer was not defective or unreasonably dangerous on own + not reasonably foresee
Restaurant + unconscious customer; Affirmative duty to provide reasonable care because of special relationship; Policy Considerations
Laparotomy pad found inabdomen of P; Paradigm Application of Res Ipsa Loquitor
P developed cancer allegedly from drug ingested by mother during pregnancy; Market Share Liability; Burden Shifting
Tanker str+ed on s+bar - might have been avoided if Coast Guard used flashing lights, but also had own devices; Departure from divided-damage rule for Comparative Fault
P sued after being attacked in hotel; If burden much lower for P than D to account for risk, Hand formula suggests no breach; Hand Forumula + Distributive Justice
Driver not wearing contact lenses per license + gets in accident; Negligence per se

You're not logged in!

Compare scores with friends on all Sporcle quizzes.
Join for Free
Log In

You Might Also Like...

Show Comments


Created Dec 1, 2015ReportNominate
Tags:asher, ben, case, tort

Top Quizzes Today

Score Distribution

Your Account Isn't Verified!

In order to create a playlist on Sporcle, you need to verify the email address you used during registration. Go to your Sporcle Settings to finish the process.

Report this User

Report this user for behavior that violates our Community Guidelines.