Duty of Care 1

Self-Quiz 2

 

 

 

 

 

 

 

Inigo and Fezik, two three-year-old twins are playing a game on the sidewalk in front of their house. The game involves both of them closing their eyes and spinning around until they are dizzy. Once they are dizzy, they have to try and walk in a straight line. Inigo spins around and is trying to walk in a straight line when, because he is too dizzy, falls down. Unfortunately, Inigo falls right in front of Wesley, who is walking home from work. Wesley doesn’t see Inigo and ends up tripping over him, falling to the ground and breaking his wrist. If Wesley sues Inigo for negligence, Wesley will probably:

Choice 1Win, because Inigo was negligent in making himself dizzy in the middle of the sidewalk
 Choice 2 Lose, because Inigo didn’t mean to hurt Wesley
 Choice 3 Lose, because children under four years of age cannot be held liable for negligence
 Choice 4 Lose, because Inigo and Fezik were only playing a game

After a heavy snow storm, Inigo and Fezik, two twelve-year-old classmates decide to climb onto the roof of Inigo’s house and build a snow fort. Unfortunately, they do not build the fort very well and the fort collapses, sending a cascade of hard-packed snow falling down onto the street. Wesley, who is walking home from work, happens to be passing by Inigo’s house when the fort collapses and is hit on the head by the falling snow. Wesley is seriously injured by the falling snow. In a suit against Inigo and Fezik for negligence, Wesley will probably:
Choice 1 Win, because Inigo and Fezik caused Wesley harm
 Choice 2 Win, if he brings enough evidence to prove that Inigo and Fezik were negligent
 Choice 3 Lose, because Children under fourteen years of age cannot be held liable for negligence
 Choice 4 Lose, because Inigo and Fezik did not mean to harm Wesley
Inigo and Fezik, two twelve-year-old classmates, have nothing to do one Sunday afternoon. Inigo finds the keys to his father’s car and they decide to take the car out for a drive. Neither Inigo nor Fezik know how to drive and Inigo ends up veering into oncoming traffic and crashing into Wesley’s car. In a suit against Inigo and Fezik for negligence, Wesley will probably:
Choice 1 Win, because driving a car is considered an adult activity
 Choice 2 Win, if he brings enough evidence to prove negligence against Inigo and Fezik
Choice 3 Lose, because children under fourteen years of age cannot be liable for negligence
 Choice 4 Lose, because Inigo and Fezik did not mean to harm Wesley
Rip Van Winkle suffers from narcolepsy, a disorder in which people suddenly and randomly fall asleep. Rip knows he has this disorder. One day, Rip decides to take a drive over to the mall to buy some sneakers. While he is driving to the mall, he suddenly falls asleep at the wheel and his car careens into a crowd of people, injuring several people. In a suit against Rip for negligence, he will probably:
Choice 1 Win, because Rip’s disorder is beyond his control
 Choice 2 Win, because the law does not want to discriminate against people with disabilities
Choice 3 Lose, because reasonable people do not fall asleep at the wheel
 Choice 4 Lose, because reasonable people with narcolepsy would not drive a car
After graduating from Paralegal School, Inigo goes to celebrate at his favorite bar. Over the course of the next few hours, Inigo has several beers and cocktails. By the end of the evening, Inigo is visibly drunk but he decides to get into his car and drive over to his friend Fezik’s house to tell Fezik the good news. On the way, Inigo loses control of his car and crashed through the front window of Wesley’s burger joint. In a suit against Inigo for negligence, Inigo will probably:
Choice 1 Lose, because he was drunk when he crashed into Wesley’s restaurant
 Choice 2 Lose, because drunk driving is a crime
 Choice 3 Win, because a reasonable drunk person could easily get into an accident while driving
 Choice 4 Win, because Inigo did not intend to crash into Wesley’s restaurant

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