Torts of Minors Self-Quiz

 

 

 

 

 

 

 


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?

Choice 1 Ashton, Ben and Laura.
Choice 2 The driver, Ben and Laura.
Choice 3 Ashton and the driver.
Choice 4 The driver and Laura.

Under a subjective test of liability, what factor IS NOT considered in the analysis?

Choice 1 The child’s mathematical ability.
Choice 2 The child’s age.
Choice 3 The child’s intelligence.
Choice 4 The child’s life experience.

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?

Choice 1 Laura and Lacy.
Choice 2 Ben.
Choice 3 Ashton.
Choice 4 The driver.

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?

Choice 1 Chronological age standard.
Choice 2 Subjective liability standard.
Choice 3 Adult standard.
Choice 4 Vicarious liability standard.


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?

Choice 1 Lance and his father, jointly and severally.
Choice 2 Lance.
Choice 3 Lance’s father.
Choice 4 Lance (25%) and his father (75%).


Megan is 15½ 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?

Choice 1 Megan, $150; Megan’s parents, $500.
Choice 2 Megan’s parents, $650.
Choice 3 Megan, $650.
Choice 4 Megan, $325; Megan’s parents, $325.

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.
True
False

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