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Question 1
Holly and Ashton have three children (Ben, age 5 and twins Laura and Lacy, age 8). All three children were outside playing dodge ball. Initially, Ashton was playing with them; however, he went into the house to answer the phone. Holly was still at work. Shortly after entering the house, Ashton heard the sound of screeching tires (the driver had been driving 45 miles per hour in a 25 miles per hour zone). He immediately ran out of the house and saw Laura and Ben lying in the street next to a Chevy van. The driver was beside himself with panic and grief screaming that they had run out into the street. Under an objective test of liability who is potentially liable for the injuries to Laura and Ben?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Under the historical objective test of liability, a minor was considered responsible for his or her own torts based on a bright-line test based on the child's age. A child under age 7 could not be negligent. Accordingly, Ben is too young to be responsible for the accident. Minors between 7 and 14 could be negligent if the evidence was sufficient to support that claim. Thus, Laura's actions would be evaluated to determine whether she was contributorily negligent for the accident. Lastly, the driver was speeding, so he is also potentially liable for the injuries.
Incorrect! Under the historical objective test of liability, a minor was considered responsible for his or her own torts based on a bright-line test based on the child's age. A child under age 7 could not be negligent. Accordingly, Ben is too young to be responsible for the accident. Minors between 7 and 14 could be negligent if the evidence was sufficient to support that claim. Thus, Laura's actions would be evaluated to determine whether she was contributorily negligent for the accident. Lastly, the driver was speeding, so he is also potentially liable for the injuries.
Question 2
Under a subjective test of liability, what factor IS NOT considered in the analysis?
Correct Rather than strictly relying on the child's chronological age, under a subjective test of liability various factors are considered to evaluate whether a child has the ability to recognize and avoid risk and harm. Typically, the factors considered are the child's age, intelligence and experience.
Incorrect! Rather than strictly relying on the child's chronological age, under a subjective test of liability various factors are considered to evaluate whether a child has the ability to recognize and avoid risk and harm. Typically, the factors considered are the child's age, intelligence and experience.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Holly and Ashton have three children (Ben, age 8 and twins Laura and Lacy, age 15). All three children were outside throwing a football. Initially Ashton was playing with them; however, he went inside to cook dinner. He asked the twins to keep an eye on Ben. Laura and Lacy were on opposite sides of the street throwing the ball while Ben ran back and forth across the street trying to intercept the ball. Shortly after entering the house, Ashton heard the sound of screeching tires (the driver had been driving 45 miles per hour in a 25 miles per hour zone). He immediately ran out of the house and saw Ben lying in the street next to a Chevy van. The driver was beside himself with panic and grief screaming that he had run out into the street. Under a subjective test of liability who has the MOST liability for Ben's injuries?
Correct
Incorrect!
Correct Generally, a minor must exercise reasonable care, which is measured by the "reasonable care" that other minors of like age, experience, capacity and development would ordinarily exercise under similar circumstances. Here, Ben is 8, which is certainly old enough to understand that it is not safe to constantly run across the street after a football. Accordingly, Ben is old enough to be the most responsible for his injuries.
Incorrect! Generally, a minor must exercise reasonable care, which is measured by the "reasonable care" that other minors of like age, experience, capacity and development would ordinarily exercise under similar circumstances. Here, Ben is 8, which is certainly old enough to understand that it is not safe to constantly run across the street after a football. Accordingly, Ben is old enough to be the most responsible for his injuries.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Julie's daughter, Maureen, is 14 years old. Maureen often babysat for children in the neighborhood, so Julie felt comfortable leaving her at home alone at night when she went out. While Maureen was home alone one night one of her friends stopped by to show off his new car. Doug let Maureen take a test drive of the car, although she does not have a driver's license. When Maureen tried to stop at the corner, she stepped on the wrong peddle and rear ended another car. In evaluating Maureen's culpability for the accident, what standard applies?
Correct
Incorrect!
Correct
Incorrect!
Correct The standard of care changes when a minor engages in adult activity. In those instances, the child is held to the same standard as an adult. Here, since Maureen was driving, she would be held to an adult standard of liability.
Incorrect! The standard of care changes when a minor engages in adult activity. In those instances, the child is held to the same standard as an adult. Here, since Maureen was driving, she would be held to an adult standard of liability.
Correct
Incorrect!
Question 5
Lance is 10 years old. While his father was doing the laundry, he went outside to amuse himself by kicking around a soccer ball. On one kick, the ball knocked over his neighbor's flower pot and broke it. To avoid detection, Lance ran back into the house; however, he was unaware that his neighbor had seen the whole incident through the kitchen window. In their jurisdiction, parents are solely liable for their children's property damage, provided the child is under age 16. Who is liable for the damage to the neighbor's flower pot?
Correct
Incorrect!
Correct
Incorrect!
Correct As stated, the statute in this jurisdiction holds the parents liable for any property damage caused by a minor child as long as the child is under age 16. Here, Lance is only 10; therefore, the statute applies. As such, Lance's father is the one who will end up paying for the destruction of the neighbor's flower pot.
Incorrect! As stated, the statute in this jurisdiction holds the parents liable for any property damage caused by a minor child as long as the child is under age 16. Here, Lance is only 10; therefore, the statute applies. As such, Lance's father is the one who will end up paying for the destruction of the neighbor's flower pot.
Correct
Incorrect!
Question 6
Megan is 15 and a half years old. She recently got her learner's permit and her aunt has been helping her with her driving. On one of their driving outings Megan sideswiped another car. This slight "fender bender" caused $650 of property damage. In their jurisdiction, parents are solely liable for their children's property damage, provided the child is under age 16. Between ages 16 and 18, the parents and the minor are jointly and severally liable for any damage. The maximum parental liability is $500; the minor pays the balance. Who is liable for the damage to the car and in what amounts?
Correct
Incorrect!
Correct As stated, the statute in this jurisdiction holds parents solely liable for any property damaged caused by a minor child under age 16. Here, Megan is only 15 and a half years old; therefore, her parents would be liable for the entire $650.
Incorrect! As stated, the statute in this jurisdiction holds parents solely liable for any property damaged caused by a minor child under age 16. Here, Megan is only 15 and a half years old; therefore, her parents would be liable for the entire $650.
Correct
Incorrect!
Correct
Incorrect!
Question 7
Cedric took his two kids (Felix, age 4 and Bonnie, age 6) to the grocery store. When Cedric got back home with the groceries, he noticed that one of the kids had taken some candy from the checkout line. If the grocery store presses charges against the kids for theft, the state will win its case.
Correct
Incorrect!
Correct At common law, a minor's liability for a crime depended on the child's age. Historically, a child younger than 7 years old was deemed incapable of committing a crime. In this instance, since both Felix and Bonnie are under age 7, the state would not win its case against them.
Incorrect! At common law, a minor's liability for a crime depended on the child's age. Historically, a child younger than 7 years old was deemed incapable of committing a crime. In this instance, since both Felix and Bonnie are under age 7, the state would not win its case against them.