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Question 1
Homer is a car salesman at the Springfield Yugo dealership. One day, Barney staggers into the dealership and asks to test drive a car. Barney is obviously drunk but Homer gives him the keys to a new Yugo and lets Barney take it out for a test drive. Barney loses control of the car during the drive and he ends up crashing into Flanders' front porch. If Flanders sues Homer, he will probably:
Correct There are two ways in which a bailor (a controller of property) can be held liable for the acts of third persons: 1) where the bailee's wrongful conduct is committed in the bailor's presence and 2) where the tortious or negligent act has been committed outside the bailor's presence but the bailor was not careful of whom he lends the chattel to. Here, Homer, the bailor, was careless in allowing Barney, a drunk, to drive Homer's car. Therefore, Homer can be held liable to Flanders and A is the correct answer.
Incorrect! There are two ways in which a bailor (a controller of property) can be held liable for the acts of third persons: 1) where the bailee's wrongful conduct is committed in the bailor's presence and 2) where the tortious or negligent act has been committed outside the bailor's presence but the bailor was not careful of whom he lends the chattel to. Here, Homer, the bailor, was careless in allowing Barney, a drunk, to drive Homer's car. Therefore, Homer can be held liable to Flanders and A is the correct answer.
Correct
Incorrect!
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Incorrect!
Correct
Incorrect!
Question 2
Homer is relaxing at home one day when Bart, Homer's 25-year-old son, asks to borrow the car. Homer knows that Bart is responsible and he gives Bart the keys without thinking twice. On his way to the mall, Bart takes his eyes off the road to change the radio station. Because Bart's attention is diverted, he fails to notice that Flanders, who is in the car in front of Bart's, has stopped at a red light. Bart rear-ends Flanders and both cars are totaled. If Flanders sues Homer, Flanders will probably:
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Incorrect!
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Incorrect!
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Incorrect!
Correct The Family Purpose Doctrine holds that, even where a bailor has been careful in determining who he lends his property to, a bailor of a car is liable for injuries resulting from the bailee's negligence (even for negligence outside the bailor's presence) if the bailee is a member of the bailor's immediate family and is driving with the bailor's express or implied permission. Here, Bart and Homer are immediately related and Bart is driving the car with Homer's permission. Thus, Homer can be held liable for Bart's negligence and D is the correct answer.
Incorrect! The Family Purpose Doctrine holds that, even where a bailor has been careful in determining who he lends his property to, a bailor of a car is liable for injuries resulting from the bailee's negligence (even for negligence outside the bailor's presence) if the bailee is a member of the bailor's immediate family and is driving with the bailor's express or implied permission. Here, Bart and Homer are immediately related and Bart is driving the car with Homer's permission. Thus, Homer can be held liable for Bart's negligence and D is the correct answer.
Question 3
Homer is relaxing at home one day when Smithers, a friend of Homer's from work, asks to borrow Homer's car. Homer knows that Smithers is responsible and he gives Smithers the keys without thinking twice. On his way to the mall, Smithers takes his eyes off the road to change the radio station. Because Smithers' attention is diverted, he fails to notice that Flanders, who is in the car in front of his, has stopped at a red light. Smithers rear-ends Flanders and both cars are totaled. If Flanders sues Homer, Flanders will probably:
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Incorrect!
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Incorrect!
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Incorrect!
Correct The 'Permissive Use' doctrine is just like the family purpose doctrine except, where the Family Purpose doctrine allows plaintiff to sue only if the negligent bailee was a member of the bailor's immediate family, the Permissive Use statute allows plaintiff to sue a bailee for damages caused by the negligence of anyone he has lent the car to, so long as the bailee is driving the car with the bailor's express or implied consent. Therefore, Flanders can sue Homer for Smithers' negligence and D is the correct answer.
Incorrect! The 'Permissive Use' doctrine is just like the family purpose doctrine except, where the Family Purpose doctrine allows plaintiff to sue only if the negligent bailee was a member of the bailor's immediate family, the Permissive Use statute allows plaintiff to sue a bailee for damages caused by the negligence of anyone he has lent the car to, so long as the bailee is driving the car with the bailor's express or implied consent. Therefore, Flanders can sue Homer for Smithers' negligence and D is the correct answer.
Question 4
Picasso is the owner and president of Picasso House Painters, Inc. Picasso's crew, Henri, Claude and Bob, are hired to paint Michelangelo's house. Michelangelo is very wealthy and his house is full of very expensive gadgets and toys. One of Michelangelo's custom made Harley-Davidson motorcycles catches Claude's eye and, one day during lunch, he hops on the bike and begins to ride around Michelangelo's house on it. Claude loses control and crashes the motorcycle into a large statue in the middle of Michelangelo's living room. The statute falls over and shatters. If Michelangelo sues Picasso for the statue, Michelangelo will probably:
Correct
Incorrect!
Correct Under the doctrine of Respondiat Superior, an employer can be held vicariously liable for any tortious or negligent acts committed by an employee, if those tortious or negligent acts were committed within the scope of the employee's employment. Here, Claude's actions were outside the scope of his employment. They were a 'frolic and detour'. Thus, Picasso is not vicariously liable for Claude's breaking of the statue, Michelangelo cannot sue Picasso for the statue, and B is the correct answer.
Incorrect! Under the doctrine of Respondiat Superior, an employer can be held vicariously liable for any tortious or negligent acts committed by an employee, if those tortious or negligent acts were committed within the scope of the employee's employment. Here, Claude's actions were outside the scope of his employment. They were a 'frolic and detour'. Thus, Picasso is not vicariously liable for Claude's breaking of the statue, Michelangelo cannot sue Picasso for the statue, and B is the correct answer.
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Incorrect!
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Incorrect!
Question 5
Louise is the owner of LittleTykes, a daycare center that looks after children while their parents are at work. Looking to expand her staff, Louise hires Andrea. Louise is so impressed with Andrea's credentials that she hires her without doing a background check. Had Louise done a background check, she would have seen that Andres had been convicted of, and served prison time for, child abuse two years earlier. A few weeks after being hired, Andrea is leading a group of children out to recess when one of the children steps out of line. Andrea slaps the child. If the parents sue Louise, they will probably:
Correct
Incorrect!
Correct There are instances where an employee's act cannot be imputed directly to the employer but the plaintiff can sue the employer based on the employer's own negligence. For example, an employer can be held liable for the tortious, negligent or criminal actions of his employee if the employer should have reasonably foreseen such tortious action by the employee. Here, it was foreseeable that a convicted child abuser might commit a tortious, negligent or criminal act against one of the children in Louise's care. The fact that Louise failed to do a background check means that she was negligent in hiring Andrea. Therefore, the parents can successfully sue Louise for Andrea's actions and B is the correct answer.
Incorrect! There are instances where an employee's act cannot be imputed directly to the employer but the plaintiff can sue the employer based on the employer's own negligence. For example, an employer can be held liable for the tortious, negligent or criminal actions of his employee if the employer should have reasonably foreseen such tortious action by the employee. Here, it was foreseeable that a convicted child abuser might commit a tortious, negligent or criminal act against one of the children in Louise's care. The fact that Louise failed to do a background check means that she was negligent in hiring Andrea. Therefore, the parents can successfully sue Louise for Andrea's actions and B is the correct answer.
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Incorrect!
Correct
Incorrect!
Question 6
Picasso is the owner and president of Picasso House Painters, Inc. Picasso's crew, Henri, Claude and Bob, are hired to paint Michelangelo's house. All three members of the crew are independent contractors who have individual agreements with Picasso. Michelangelo is very wealthy and his house is full of very expensive gadgets and toys. One of Michelangelo's custom made Harley-Davidson motorcycles catches Claude's eye and, one day during lunch, he hops on the bike and begins to ride around Michelangelo's house on it. Claude loses control and crashes the motorcycle into a large statue in the middle of Michelangelo's living room. The statute falls over and shatters. If Michelangelo sues Picasso for the statue, Michelangelo will probably:
Correct
Incorrect!
Correct The general rule is that an employer will not be held vicariously liable for the negligent or tortious acts of an independent contractor, even if that conduct is done within the scope of the independent contractor's employment, because employers do not have the same level of control over independent contractors as they do over employees. That being the case, Picasso is not liable for the misbehavior of Claude or any of his other independent contractors. Therefore, B is the correct answer.
Incorrect! The general rule is that an employer will not be held vicariously liable for the negligent or tortious acts of an independent contractor, even if that conduct is done within the scope of the independent contractor's employment, because employers do not have the same level of control over independent contractors as they do over employees. That being the case, Picasso is not liable for the misbehavior of Claude or any of his other independent contractors. Therefore, B is the correct answer.
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Incorrect!
Question 7
Gordon is the proud owner of a brand new Chevrolet. After a few months of driving the car, Gordon notices that the car's brakes are beginning to fail. Gordon takes his car to Waltrip's Garage and Auto body shop to have the breaks repaired. Waltrip's head mechanic, Michael, fixes the brakes but he does so negligently. After picking up his car, Gordon decides to take his car for a cruise. While slowing down for a red light, the car's brakes fail and Gordon runs the light. Gordon's car crashes into Wallace's car, seriously injuring Wallace. If Gordon argues that Michael is responsible for the accident because he negligently fixed the brakes, Gordon will probably:
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Incorrect!
Correct If an employer's duty is non-delegable, the employer will be liable if he hires an independent contractor to perform that duty and the independent contractor acts negligently. It is generally recognized that a car owner has a non delegable duty to keep his car in a safe condition. Therefore, even though Gordon took his car to a professional mechanic and the mechanic did his job negligently, Gordon will be held liable for the accident and D is the correct answer.
Incorrect! If an employer's duty is non-delegable, the employer will be liable if he hires an independent contractor to perform that duty and the independent contractor acts negligently. It is generally recognized that a car owner has a non delegable duty to keep his car in a safe condition. Therefore, even though Gordon took his car to a professional mechanic and the mechanic did his job negligently, Gordon will be held liable for the accident and D is the correct answer.
Question 8
Jeff is the owner and general manager of the Seaside shopping mall. One day, Jeff notices a loose railing on one of the staircases. He hires Brian, an independent contractor, to fix the railing, but Brian does so negligently. Later in the week, Samantha and Sheri are walking up the staircase when Sheri leans up against the railing. The railing gives away and Sheri falls and is injured. If Sheri sues Jeff and Jeff argues that Brian is responsible for the accident because Brian negligently fixed the railing, Jeffrey will probably:
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Incorrect!
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Incorrect!
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Incorrect!
Correct If an employer's duty is non-delegable, the employer will be liable if he hires an independent contractor to perform that duty and the independent contractor acts negligently. It is generally recognized that a business owner has a non delegable duty to keep his property safe for business visitors. Therefore, even though Jeff took steps to fix the railing and Brian was negligent in fixing the railing, Jeff will be held liable for the accident and D is the correct answer.
Incorrect! If an employer's duty is non-delegable, the employer will be liable if he hires an independent contractor to perform that duty and the independent contractor acts negligently. It is generally recognized that a business owner has a non delegable duty to keep his property safe for business visitors. Therefore, even though Jeff took steps to fix the railing and Brian was negligent in fixing the railing, Jeff will be held liable for the accident and D is the correct answer.
Question 9
ACME Construction Company needs to remove a rock formation in order to make way for a road that it is building. ACME hires Wiley, an explosives expert, to remove the rock formation. When Wiley detonates his blasting caps, rock shards fly through the air and hit Bugs in the head injuring him severely. In a suit to recover for the damages he suffered, Bugs will be able to recover against Wiley but not against ACME.
Correct
Incorrect!
Correct If the task that an employer needs performed is inherently dangerous so that the employer should realize that it involves a greater than average risk of harm, the employer cannot avoid liability by hiring an independent contractor to perform the activity. That being the case, ACME can be held liable for Bugs' injuries and False is the correct answer.
Incorrect! If the task that an employer needs performed is inherently dangerous so that the employer should realize that it involves a greater than average risk of harm, the employer cannot avoid liability by hiring an independent contractor to perform the activity. That being the case, ACME can be held liable for Bugs' injuries and False is the correct answer.
Question 10
ACME Construction Company needs to remove a rock formation in order to make way for a road that it is building. ACME hires Wiley, an explosives expert, to remove the rock formation. As part of the agreement, Wiley agrees to assume all risks in connection with the blasting activity that he is going to be performing. When Wiley detonates his blasting caps, rock shards fly through the air and hit Bugs in the head injuring him severely. In a suit to recover for the damages he suffered, Bugs will be able to recover against Wiley but not against ACME.
Correct
Incorrect!
Correct If the task that an employer needs performed is inherently dangerous so that the employer should realize that it involves a greater than average risk of harm, the employer cannot avoid liability by hiring an independent contractor to perform the activity. This is true even if the independent contractor has agreed to assume all risks in connection with his performance. That being the case, ACME can be held liable for Bugs' injuries and False is the correct answer.
Incorrect! If the task that an employer needs performed is inherently dangerous so that the employer should realize that it involves a greater than average risk of harm, the employer cannot avoid liability by hiring an independent contractor to perform the activity. This is true even if the independent contractor has agreed to assume all risks in connection with his performance. That being the case, ACME can be held liable for Bugs' injuries and False is the correct answer.