Actions of Third Persons 1 Self-Quiz 1

 

 

 

 

 

 

 

Homer is a car salesman at the Springfield Yugo dealership. One day, Barney staggers into the dealership and asks to test drive a car. Barney is obviously drunk but Homer gives him the keys to a new Yugo and lets Barney take it out for a test drive. Barney loses control of the car during the drive and he ends up crashing into Flanders’ front porch. If Flanders sues Homer, he will probably:
Choice 1 Win, because the car was under Homer’s control
Choice 2 Lose, because Homer was not driving the car
Choice 3 Lose, because it is not Homer’s business if Barney drives while drunk
Choice 4 Lose, because people are not responsible for the tortious acts of third persons
Homer is relaxing at home one day when Bart, Homer’s twenty-five year old son, asks to borrow the car. Homer knows that Bart is responsible and he gives Bart the keys without thinking twice. On his way to the mall, Bart takes his eyes off the road to change the radio station. Because Bart’s attention is diverted, he fails to notice that Flanders, who is in the car in front of Bart’s, has stopped at a red light. Bart rear-ends Flanders and both cars are totaled. If Flanders sues Homer, Flanders will probably:
Choice 1 Lose, because Homer had nothing to do with the accident
Choice 2 Lose, because Bart is over eighteen years of age
Choice 3 Win, because the car belongs to Homer
Choice 4 Win, because Bart is immediately related to Homer and is driving the car with Homer’s permission
Homer is relaxing at home one day when Smithers, a friend of Homer’s from work, asks to borrow Homer’s car. Homer knows that Smithers is responsible and he gives Smithers the keys without thinking twice. On his way to the mall, Smithers takes his eyes off the road to change the radio station. Because Smithers’ attention is diverted, he fails to notice that Flanders, who is in the car in front of his, has stopped at a red light. Smithers rear-ends Flanders and both cars are totaled. If Flanders sues Homer, Flanders will probably:
Choice 1 Lose, because Homer had nothing to do with the accident
Choice 2 Lose, because Smithers is over eighteen years of age
Choice 3 Win, because the car belongs to Homer
Choice 4 Win, because Smithers is driving the car with Homer’s permission
Picasso is the owner and president of Picasso House Painters, Inc. Picasso’s crew, Henri, Claude and Bob, are hired to paint Michelangelo’s house. Michelangelo is very wealthy and his house is full of very expensive gadgets and toys. One of Michelangelo’s custom made Harley-Davidson motorcycles catches Claude’s eye and, one day during lunch, he hops on the bike and begins to ride around Michelangelo’s house on it. Claude loses control and crashes the motorcycle into a large statue in the middle of Michelangelo’s living room. The statute falls over and shatters. If Michelangelo sues Picasso for the statue, Michelangelo will probably:
Choice 1 Win, because Picasso hired Claude
Choice 2 Lose, because Claude’s actions were outside the scope of his employment
Choice 3 Lose, because Picasso was not there when Claude broke the statue
Choice 4 Win, because Claude did not have permission to ride the motorcycle
Louise is the owner of LittleTykes, a daycare center that looks after children while their parents are at work. Looking to expand her staff, Louise hires Andrea. Louise is so impressed with Andrea’s credentials that she hires her without doing a background check. Had Louise done a background check, she would have seen that Andres had been convicted of, and served prison time for, child abuse two years earlier. A few weeks after being hired, Andrea is leading a group of children out to recess when one of the children steps out of line. Andrea slaps the child. If the parents sue Louise, they will probably:
Choice 1 Win, because Andrea works for Louise
Choice 2 Win, because Louise was negligent in hiring a convicted child abuser
Choice 3 Lose, because Andrea’s actions were outside the scope of her employment
Choice 4 Lose, because the child deserved the punishment he got

© 2003 - 2018 National Paralegal College