Rhonda is a trained Judoka. While she is walking on the street one day, she sees Tom yanking on a purse that Sally is holding. Rhonda immediately runs to the rescue of Sally and executes a perfect judo throw on Tom. Tom hits the ground hard and breaks his arm. Tom then explains that he was only trying to retrieve his wife’s stolen purse from Sally.
Tom places a ladder outside a window. The ladder is old and worn. Tom has previously glued the ladder together in places. The makeshift repairs cannot be seen. Tom then asks Joe to use the ladder to fix the window. Joe climbs the ladder, but one of the makeshift repairs fails. Joe falls to the ground and his arm is injured. A firefighter who responds to treat Joe, negligently applies a sling to Joe, causing his arm to injured further. Which of the following is true?
The shopkeepers privilege allows a merchant to detain someone if they have probable cause to believe that the person is stealing. Thus the merchant will be protected from a claim of false imprisonment.
Consenting to engage in a fight is a valid defense to a claim for battery.
Joe and Sam agree to fight each other in a boxing match. After a long back and forth match, Joe defeats Sam on the judge’s scorecard. As Joe is raising his arms in victory, Sam punches Joe in the side of the head, knocking him to the ground. Sam never saw the punch coming. Which of the following is true?
Courts are more willing to apply a subjective standard of care with respect to physical characteristics as compared to mental characteristics.
Apart from a medical emergency, consent can be gained from an un-emanicipated minor.
Children are incapable of committing negligence.
Jonas has a mountain cabin in which he stores several valuable tools. After several break ins, Jonas sets up a spring gun trap for the next burglars foolish enough to break in.
Rick is the captain of a fishing vessel that offers charter trips to paying fishermen. It is a custom in the local area for the fishing boats to take a particular route through the local inlet on the way to the ocean. One day, Rick decides to take an alternate route and he runs the ship aground, injuring several of the fishermen on his vessel. Which of the following is true?
A jury will decide whether a duty exists.
A government actor may interfere with private property for the public good, and the public actor is not liable for any damage caused.
Mike and Tom are arguing after having drinks outside bar. Tom clinches his fist and starts to move toward Mike in an aggressive manner. Mike pulls a knife from his pocket and stabs Tom in the arm. Tom later sues Mike for assault and battery.
Jurisdictions vary as to whether consent is treated as a privilege or an absence of an elements.
Ben and Wyatt are both varsity members of the basketball team. One day, during gym class, Ben and Wyatt get into a fight. During the fight, Ben suffers a broken nose. If Ben sues the school, would the school be liable?
ack owns a large boat that he keeps at a local dock. The boat can easily be tied down with a large tow rope, but Jack prefers to use a much smaller rope because it allows him to set sail more quickly when he wants to take the boat out. One day, the boat breaks loose in a storm and crashes into several other boats that were also kept at the dock. Using the Hand Formula, which of the following is true?
John goes to the doctor for the treatment of a cold. He signs a form which purports to permit the doctor to perform treatment for the cold and to perform “any necessary medical procedure.” While John is waiting to see a doctor, the nurse comes into the room and hooks John up to an IV. John soon falls asleep. When John wakes, he finds that his pinky finger had been removed. The doctor explained to John that his pinky finger was infected with a rare skin cancer and that amputation of the finger was necessary to save his life. Which of the following is true?
Consent may be given:
B < PL was invented in the case of:
Jared is a difficult young boy. He often throws rocks at his neighbor’s windows and disobeys his parents. One day, after rudely insulting his mother, she smacks him on his behind. Which of the following is true?
According to the Third Restatement, compliance with community custom is conclusive evidence that the behavior was not negligent.
Rachel and Tim have a three-year old child. One day, the child comes down with a severe illness. The parents take their daughter to the hospital. After being examined, the doctors explain to the parents that their child will die if the blood transfusion is not performed within the following week. The doctor does not inform the parents that there is a small risk that the child can develop a severe negative reaction to the blood transfusion. Rachel and Tim consent to the procedure, but their child develops a severe reaction to the blood transfusion and requires a significant and expensive hospital stay. Which of the following is true?
The reasonably prudent person standard is subjective and difficult to apply.
A negligence claim has which of the following elements:
The majority of states assess specialists in the medical field through a national standard of care.