Statutory Duties Self-Quiz

 

 

 

 

 

 

 

Amity is an island city just off the coast of Massachusetts. Because the weather is good all year round, the island is always crowded with surfers, beach goers and sun worshipers. Because so many people spend so much time in the water, the government has recently passed a statute making it a civil offense for anybody to knowingly withhold help to anybody who is in distress in the water. In other words, the statute requires that you make a rescue attempt if you see someone in trouble in the water. At common law, there is no duty of rescue. Hooper is lounging in his rowboat when he hears Martin begin to scream. Hooper looks out and sees that Martin is drowning. Hooper does nothing. Luckily, Quint is also in a boat nearby and he rows over and saves Martin. If Martin sues Hooper, he will most likely:
Choice 1 Win, if he can prove the four elements of negligence (duty, breach, cause, harm)
Choice 2 Win, even if he cannot prove the four elements of negligence (duty, breach, cause, harm)
Choice 3 Lose, because Quint saved Martin so there was no harm
Choice 4 Lose, because Hooper is a tourist and not a resident of Amity
Amity is an island city just off the coast of Massachusetts. Because the weather is good all year round, the island is always crowded with surfers, beach goers and sun worshipers. Because so many people spend so much time in the water, the government has recently passed a statute making it a criminal offense for anybody to knowingly withhold help to anybody who is in distress in the water. At common law, there is no duty of rescue. Hooper is lounging in his rowboat when he hears Martin begin to scream. Hooper looks out and sees that Martin is drowning. Hooper does nothing. Luckily, Quint is also in a boat nearby and he rows over and saves Martin. Hooper is prosecuted criminally and found guilty of violating the statute. Once the criminal trial is over, Martin can sue Hooper civilly and recover damages:
True
False
Amity is an island city just off the coast of Massachusetts. Because the weather is good all year round, the island is always crowded with surfers, beach goers and sun worshipers. Because so many people spend so much time in the water, the government has recently passed a statute making it a criminal offense for anybody to knowingly withhold help to anybody who is in distress in the water. Assume that, at common law, there is a duty of rescue. Hooper is lounging in his rowboat when he hears Martin begin to scream. Hooper looks out and sees that Martin is drowning. Hooper does nothing. Luckily, Quint is also in a boat nearby and he rows over and saves Martin. Hooper is prosecuted criminally and found guilty of violating the statute. Once the criminal trial is over, Martin sues Hooper civilly. Martin will most likely:
Choice 1 Lose, because Martin did not suffer harm
Choice 2 Lose, because Hooper is a tourist and not a resident of Amity
Choice 3 Win, if he can prove the four elements of negligence (duty, breach, cause, harm)
Choice 4 Win, if he can establish "negligence per se”
Amity is an island city just off the coast of Massachusetts. Because the weather is good all year round, the island is always crowded with surfers, beach goers and sun worshipers. Because so many people spend so much time in the water, the government has recently passed a statute making it a criminal offense for anybody to knowingly withhold help to anybody who is in distress in the water. Assume that, at common law, there is a duty of rescue. Hooper is lounging in his rowboat when he hears Martin begin to scream. Hooper looks out and sees that Martin is drowning. Hooper does nothing. Luckily, Quint is also in a boat nearby and he rows over and saves Martin. After Hooper is prosecuted criminally for violating the statute, Martin sues him civilly. During the civil trial, Hooper claims that he didn’t help Martin because one of his oars was broken and he doesn’t know how to swim. Martin will most likely:
Choice 1 Lose, if Hooper’s excuses are valid and supported by the facts
Choice 2 Lose, because Hooper is a tourist and not a resident of Amity
Choice 3 Win, if he can prove the four elements of negligence (duty, breach, cause, harm)
Choice 4 Win, because Hooper violated the statute

© 2003 - 2018 National Paralegal College