A) The bank is correct because under that doctrine defendants are liable for any harm caused.
B) The bank is correct only if it can be established that Teresa was a repeat driving offender.
C) The bank is correct only if Teresa has sufficient insurance to cover the bank burning.
D) The bank is incorrect because res ipsa loquitur is a defense.
E) The bank is incorrect because the issue here is causation,not whether there was a lack of due care.
G) C) and D)
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A) The alleged negligence is within the scope of the defendant's duty to the plaintiff.
B) Other possible causes of the incident that harmed the plaintiff have been ruled out.
C) The event was of a kind that normally happens only if there is negligence.
D) There is direct evidence of the defendant's lack of care.
E) The event which caused harm was a kind of event that ordinarily does not occur.
G) All of the above
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A) The intent of the defendant to cause the harm experienced by the plaintiff.
B) How socially beneficial the defendant's conduct was which posed the risk of harm
C) The severity of the harm
D) The likelihood of harm
E) The costs which would have been necessary to reduce the risk of harm.
G) D) and E)
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A) To allow the judge and jury to presume the plaintiff destroyed evidence.
B) To allow the judge and jury to infer that more likely than not,the defendant's negligence was not the cause of the plaintiff's harm.
C) To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.
D) To allow the judge to hold the defendant liable under a strict liability theory.
E) To allow the judge and jury to infer that more likely than not,the defendant's negligence was the cause of the plaintiff's harm,even though no direct evidence of the defendant's lack of due care existed.
G) B) and E)
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B) False
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A) Legal cause
B) Cause in fact
C) Cause for certainty
D) Proximately related cause
E) Proximate cause
G) B) and E)
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A) The plaintiff can prevail at the discretion of the judge if the judge believes it is too difficult for the plaintiff to meet the burden of proof.
B) The plaintiff will be denied recovery only if the judge cannot subpoena the necessary witnesses to come and testify in court.
C) The plaintiff can prevail as long as the plaintiff successfully showed causation and damages,even if the plaintiff did not prove breach of duty.
D) The plaintiff will be denied recovery due to a failure to establish all four elements of a negligence case.
E) The plaintiff can prevail if the court believes the defendant should be punished for his conduct,even though a plaintiff could not establish all four elements of a negligence claim.
G) A) and D)
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A) Reasonable person
B) Above-average person
C) Reasonable accountability
D) Perfect accountability
E) Without error
G) B) and C)
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B) False
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A) South Africa's legal system is a combination of selected legal traditions involving Roman,Dutch,and French law,but not German law.
B) South African law refuses to recognize sudden emergency as a standard for determining negligence in crisis situations.
C) Under South African law,individuals can be found negligent in only one way,through failing to exercise reasonable care.
D) South African law models the law of the U.S.and is substantially the same.
E) South African law recognizes that one way to determine negligence is by determining whether the defendant could have prevented the consequent damages.
G) All of the above
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