GBL 385 Final Exam Study Guide (Answered)
With Complete Verified Solution. Updated
2024/2025.
Howard, is a student at Big State University (BSU). Howard also works part time as a report for the BSU
student newspaper. Howard writes a completely false story which states that Howard witnessed
Sheldon hot-wiring and stealing a Honda Metropolitan scooter from a parking lot at BSU. The story is
entirely false. If Sheldon decided to sue Howard for a tort, which one would most likely result in a win
for Sheldon
Libel
Odie, a driver for DashDoor Delivery Service, causes a multi-vehicle accident on a city street. Odie and
DashDoor are liable to
only those whose injuries were factually and proximately caused by Odie
Negligence concerns harm that:
arises through carelessness or imprudent action.
Engineering, Inc., sometimes uses explosives to prepare land for construction projects. Strict liability is
imposed on this activity because
the activity is extremely risky.
Stan eats dinner at Ralph's Diner, After looking at the bill, Stan believes that he was overcharged and
shoves Ted, the cashier. Ted wants to sue Stan and get enough money to pay his medical bill Ted's
shoulder hurt the next day after he was shoved and he went to the Dr. Ted's best cause of action
would be
to sue Stan for battery
In a tweet to Calvin, a reporter for the site Blast, Ellen accuses Financial Services Corporation of
cheating on its taxes. If false, making this statement is
defamation.
Penny drove through an intersection without looking and hit Sheldon's car that he had driven into the
intersection without obeying a stop sign. Penny sued Sheldon. The jury found that Penny's fault
contributed 20 percent to the collision and determined that her total loss was $100,000. Under
comparative negligence, the jury should award Penny:
$80,000.
A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad
tracks. Once on the tracks, the patient stumbled and sprained his ankle. A few minutes later a train
approached. The engineer saw the man on the track and could have stopped, but the train's brakes
,were defective. As a result, the train hit and killed the man. His family is suing the railroad for
negligence in a state that follows the contributory negligence doctrine. In this case,
the train had the last clear chance to avoid the accident, so the patient's contributory negligence does
not bar his estate's recovery.
Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking
place. Mindy jumped out into the street five feet in front of his car. Chris could not avoid hitting her.
What is Chris's best defense to the charge of negligence?
Mindy illegally crossed in the middle of the street, which was a superseding cause of the accident.
Ricky, a licensed professional engineer, supervises the construction of a new highway. When the road
collapses in a landslide due to faulty grading, Ricky is sued by hundreds of motorists and hikers injured
in the collapse. As a professional, Ricky is held to the same standard of care as
other licensed professional engineers with similar training and experience
A Michigan state statute requires amusement parks to maintain equipment in certain condition for the
protection of patrons. Jimmy's Fun Park fails to properly maintain its equipment in a reasonable and
prudent manner. Katy visits the park and is injured by a loose piece metal that went flying off of one of
the rides. Jimmy's would most likely be liable under a theory of
negligence.
Louis pushes Molly, who falls and breaks her wrist. Louis is liable for the injury
if Louis intended to push Moly.
While driving his car five miles over the speed limit, Barry struck Penny, who was jaywalking across
the street. When the case came to trial, the jury determined that Barry was 60 percent negligent and
that Penny was 40 percent negligent. Penny's injuries are $10,000. If this accident occurred in a state
following the comparative negligence theory of recovery:
Penny will recover $6,000.
Fred, a contractor, used dynamite to loosen a rocky hillside. The blast from the dynamite caused the
foundation of a nearby house foundation to crack. The house was located over a half-mile away from
the dynamite site. Fred followed all the appropriate industry practices when using the dynamite and
there is no evidence of negligence. Fred did not intend to harm the foundation of the house. However,
the home owner claims Fred the contractor is liable for damage to the foundation. Which is the
owner's best grounds for suing Fred
Strict Liability Tort
Mandy is walking past Tommy's house when he hears a smoke alarm going off. He also hears a child
calling for help and sees smoke coming from a window. Mandy rushes into Tommy's house, finds the
child and brings it outside. If Tommy sues Mandy for trespass to land, Mandy's defense will probably
be
public necessity
, Robert is a spectator at the National Tennis Tournament, amateur athletic competition. Regarding the
risk of injury, Robert assumes the risks
normally and foreseeable for such a tournament.
Sheldon, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep
water. He soon grew tired and realized that he could not make it back to shore. Seeing Penny, he cried
out for help. Penny, however, ignored the pleas. Sheldon was finally saved by Dorothy, but suffered
brain damage from being submerged during the ordeal. Sheldon now sues Penny for negligence for
failing to try to save him. Sheldon will:
lose because Penny had no legal duty to rescue him.
Sander owns R&R demolition company. Demolition of a building downtown by an R&R crew injures
Fred, a nearby bystander. Under the theory of strict liability, Sander must Fred for any injury suffered
by Fred
whether or not the R&R crew was at fault.
Davis trespasses on Exponent Company's property. Through the use of reasonable force, Exponent's
security guard detains Davis for 20 minutes until the police arrive. Exponent is liable for
none of the choices.
Betty, a highly skilled neurosurgeon, backs out of the Downtown Parking Garage, colliding with Bill's
car. Bill may recover $7,500 to cover the cost of the repairs if Betty failed to act as
a reasonable and prudent person.
Driving his motorcycle negligently, Jimmy crashes into a streetlight. The streetlight falls onto Ken, who
is standing nearby, resulting in his death. But for Jimmy's negligence, Ken would not have died.
Regarding the death, the crash is
the cause in fact and the proximate cause.
Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its
customers of
foreseeable risks.
Bob's Dry Cleaning Shop advertises so effectively that the regular customers of its competitor Pure
Cleaners begin to patronize Bob's instead of Pure. This is
none of the choices.
Chet rents a room in Dolly's house. Chet is home one day when Dolly is not. Chet gets the mail and
notices a check in the mail to Dolly. Chet signs Dolly's name, without her authorization, to the back of
the check and brings it to the local check cashing store and cashes it. This would constitute:
forgery.
