Duty of Care 2

Self-Quiz 2









Chandler and Monica are taking a walk along a pier overlooking the Pacific Ocean. Ross, a dare-devil bike rider, is doing tricks on his bicycle when he loses control of his bike, crashes into Monica and knocks her off of the pier and into the water. Monica cannot swim. Joey, a professional lifeguard who is on duty at the pier, sees that Monica has fallen into the water and dives off the pier to save her. As Joey is pulling Monica to shore a large wave throws him against some rocks and Joey suffers a broken leg. If Joey sues Ross for negligence, Joey will probably:
Choice 1 Lose, because Joey is a professional rescuer
Choice 2 Lose, because Ross did not breach any duty to Joey
Choice 3 Win, because a rescuer is considered as much a foreseeable plaintiff as the original plaintiff
Choice 4 Win, because Ross was riding his bike on a pier meant for pedestrians

Crusty is the only fireworks dealer in Springfield. One day, Bart, Nelson, Lisa and Millhouse, a group of local ten-year-olds, come into Crusty’s store to buy firecrackers. Despite knowing that the kids were only ten years old, Crusty sells them the firecrackers. The kids take the firecrackers to the park where they begin to set them off. One of the firecrackers, a bottle-rocket, is defective and, instead of launching straight up into the air before exploding, flies at a low angle where it hits Maggie in the face and explodes. If Maggie sues Crusty for negligence, she will most likely:

Choice 1 Win, because it was foreseeable that selling fireworks to young children would result in somebody getting hurt
Choice 2 Lose, because it was not Crusty’s fault that the kids decided to light their firecrackers in the park
Choice 3 Lose because Crusty owed no duty to Maggie
Choice 4 Win, because children should not be entrusted with firecrackers

In order to boost sales, Speedy’s Pizza advertises that if you do not receive your pizza delivery within thirty minutes of your order, your whole order will be given to you for free. Mike is employed as a delivery boy for Speedy’s and, the day after Speedy’s begins their advertising campaign, Mike receives an order for four dozen pizzas for a birthday party. Speedy tells Mike that if the order is late and the pizza is given to the party for free, the money will come out of Mike’s paycheck. Mike, not wanting to lose any money from his paycheck, drives significantly above the speed limit, runs several red lights and weaves in and out of traffic so that he can deliver the pizzas within thirty minutes of the order. While speeding around a curve, Mike loses control of his car and crashes into the front of Scottie’s house. If Scottie sues Speedy for Mike’s negligence, Scottie will probably:
Choice 1 Lose, because Speedy was not driving the car
Choice 2 Lose, because Speedy did not instruct Mike to drive negligently
Choice 3 Win, because Speedy knew that his discussion with Mike would encourage Mike to drive negligently
Choice 4 Win, because Mike was driving a company car
Anna is a patient of Dr. Sammy Freud, a famous psychologist. During one of their sessions, Anna tells Dr. Freud that she is planning to kill her best friend, whom she suspects of stealing her boyfriend. Dr. Freud attempts to change Anna’s mind but does not warn the friend or alert any authorities as to the threats Anna had made. A few days later, Anna stabs her friend in the hallway of the school, seriously injuring her. If the friend sues Dr. Freud for negligence, she will likely:
Choice 1 Lose, because Dr. Freud does not owe her a warning
Choice 2 Lose, because what Anna tells Dr. Freud is protected by the patient-doctor privilege
Choice 3 Win, because Dr. Freud could have prevented the attack himself
Choice 4 Win, because Dr. Freud had a special relationship with Anna that required him to warn either the friend or authorities of the attack
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