Torts Module 6 Quiz

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School

Florida State University *

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Course

5700

Subject

Law

Date

Apr 3, 2024

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docx

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Uploaded by MarciiMarcii

Module6 Quiz Question 1 1 pts True or false: Liability waivers are always enforceable against a consumer when they are signed by the consumer. Group of answer choices True False Question 2 1 pts Contributory negligence is the generally outdated rule that Group of answer choices a. plaintiffs who are at fault will have their damages reduced b. a plaintiff who signs a liability waiver cannot recover in tort c. a plaintiff who was even slightly at fault cannot recover at all, even from a negligent defendant d. a plaintiff who is aware of the risk of harm cannot recover in tort Question 3 1 pts Comparative negligence is the modern rule that Group of answer choices a. plaintiffs who are at fault will have their damages reduced b. a plaintiff who signs a liability waiver cannot recover in tort c. a plaintiff who is aware of the risk of harm cannot recover in tort d. a plaintiff who was even slightly at fault cannot recover at all, even from a negligent defendant Question 4 1 pts Suppose you work for an organization that runs a recreational rock-climbing wall. If the organization wants to avoid liability primarily for its own negligence , what is the most important thing it can do in drafting the liability waiver it requires customers to sign? Group of answer choices a. Ensure that the waiver refers specifically to the organization's negligence and states it is something the organization is not liable for. b. Ensure that the liability waiver uses the phrase "Express Assumption of Risk." c. Avoid referring to negligence or intentional torts in the liability waiver. Question 5 1 pts The doctrine of "express assumption of risk" primarily concerns Group of answer choices a. liability waivers b. comparative negligence c. factual causation

d. contributory negligence Question 6 1 pts A plaintiff who is speeding is hit by a defendant who runs a red light. Which doctrine best explain why the plaintiff's damages may be reduced? Group of answer choices a. assumption of risk b. proximate causation c. comparative negligence d. factual causation Question 7 1 pts S and T were in a car accident. S sues T for damages. It is later determined that T ran a stop sign but S was speeding. The jury finds that T is 80% responsible and S is 20% responsible. S can still recover 80% of damages under modified comparative negligence. Group of answer choices True False Question 8 1 pts Liability waivers are always unenforceable against a child if their parent signed it on behalf of them. Group of answer choices True False Question 9 1 pts Contributory negligence has been outlawed in all jurisdictions. Group of answer choices True False Question 10 1 pts In order to establish implied assumption of the risk, what must generally be shown? Group of answer choices a. The defendant argues that the plaintiff also acted in a negligent or reckless manner. b. Information about the potential risks is readily available on the internet. c. Based on the plaintiff’s conduct, the plaintiff voluntarily assumed the risks inherent to the dangerous activity

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