Duty of Care: Legal Obligation to Prevent Harm

Question 1

In the context of negligence law, which of the following accurately represents the five elements that establish a duty of care?

Accepted Answer

Duty, Foreseeability, Proximity, Causation, Damages

Answer

Duty, Breach, Causation, Contributory Negligence, Assumption of Risk

Answer

Standard of Care, Negligence, Proximate Cause, Damages, Liability

Question 2

What is the 'reasonable person' standard and how does it determine breach of duty in negligence cases?

Accepted Answer

The 'reasonable person' standard is the level of care that a reasonable person would exercise in the same situation.

Answer

The 'reasonable person' standard only applies to professionals and experts.

Answer

The 'reasonable person' standard considers the individual's subjective beliefs and circumstances.

Answer

The 'reasonable person' standard is irrelevant to determining breach of duty.

Question 3

Which of the following is **not** a necessary element of duty of care in tort law?

Accepted Answer

Burden of proof

Answer

Foreseeability of harm

Answer

Proximity between the parties

Answer

Reasonable behavior

Question 4

In which situation would a landowner owe a duty of care to a trespasser?

Accepted Answer

When the trespasser is a known child

Answer

When the trespasser is an invited guest

Answer

When the trespasser is committing a crime on the property

Answer

In no case does a landowner owe a duty of care to a trespasser

Question 5

Which exception to the duty of care relieves a defendant from liability for harm caused to others?

Accepted Answer

Assumption of risk

Answer

Contributory negligence

Answer

Comparative fault

Answer

Force majeure

Question 6

In a negligence case, what is the burden of proof for the plaintiff?

Accepted Answer

Preponderance of the evidence

Answer

Beyond a reasonable doubt

Answer

Clear and convincing evidence

Answer

By a majority vote

Question 7

The duty of care owed by a manufacturer to a consumer is based on:

Accepted Answer

Strict liability

Answer

Negligence

Answer

Intentional tort

Answer

Breach of contract

Question 8

Negligence per se occurs when an individual:

Accepted Answer

violates a specific law or regulation

Answer

fails to take reasonable precautions

Answer

acts with gross negligence

Question 9

Foreseeability is a key factor in determining the scope of a defendant's duty of care. Explain how foreseeability influences the establishment of a legal duty and provide an example.

Accepted Answer

Foreseeability limits the scope of duty of care by requiring plaintiffs to prove that the defendant could have reasonably foreseen the specific harm that occurred.

Answer

Foreseeability is irrelevant in determining duty of care.

Answer

Foreseeability expands the scope of duty of care by imposing a duty on defendants to protect against all potential harms.

Answer

Foreseeability is only considered in cases involving intentional torts.

Question 10

What is the most essential element of a duty of care?

Accepted Answer

The defendant had a legal obligation to the plaintiff.

Answer

The plaintiff actually suffered harm.

Answer

The defendant's actions directly caused the plaintiff's harm.

Question 11

What are the possible legal outcomes of failing to fulfill a duty of care?

Accepted Answer

Financial compensation

Accepted Answer

Court orders to stop certain actions

Accepted Answer

Criminal charges

Answer

No legal repercussions

Question 12

In a negligence lawsuit, what must the plaintiff prove to establish a breach of duty?

Accepted Answer

Both B and C

Answer

That the defendant acted unreasonably

Answer

That the defendant owed them a duty of care

Answer

That the defendant's actions caused their injuries

Question 13

In which of the following cases would a landowner NOT typically owe a duty of care to a visitor?

Accepted Answer

A trespasser who enters the property without permission

Answer

An invited guest at a dinner party

Answer

A delivery person who is entering the property to make a delivery

Answer

A person who is legally authorized to enter the property

Question 14

Which of the following is NOT a potential defense to a negligence claim?

Accepted Answer

Inevitability

Answer

Contributory negligence

Answer

Assumption of risk

Answer

Lack of proximate cause

Question 15

In which scenario would a duty of care typically NOT be owed?

Accepted Answer

A homeowner towards a trespasser

Answer

A doctor-patient relationship

Answer

An employer-employee relationship

Answer

A manufacturer towards consumers of its products

Question 16

In order to establish negligence, the plaintiff must demonstrate:

Accepted Answer

Duty of care, breach of duty, causation, and damages

Answer

Breach of duty, causation, damages, and duty of care

Answer

Causation, damages, duty of care, and breach of duty

Answer

Damages, duty of care, breach of duty, and causation

Question 17

When determining the scope of duty of care, which factor is generally NOT taken into account?

Accepted Answer

Availability of insurance coverage

Answer

The foreseeability of potential harm

Answer

The relationship between the parties

Answer

Public policy considerations

Question 18

Which characteristic best defines a duty of care?

Accepted Answer

A legal obligation to act reasonably

Answer

A moral or ethical obligation

Answer

A voluntary undertaking

Answer

Absolute liability regardless of fault

Question 19

Which exception to the duty of care typically applies to landowners?

Accepted Answer

Trespassers

Answer

Invitees

Answer

Licensees

Answer

Children

Question 20

In negligence cases, the applicable standard of care is typically determined by:

Accepted Answer

The actions of a hypothetical reasonable person

Answer

The specific circumstances of the case

Answer

The plaintiff's own conduct

Answer

The defendant's subjective intent

Question 21

Which of the following is NOT an element of the duty of care in negligence?

Accepted Answer

The severity of the plaintiff's financial losses

Answer

The existence of a legal duty to the plaintiff

Answer

The defendant's failure to fulfill that duty

Answer

A causal link between the defendant's breach and the plaintiff's injuries

Question 22

Under the duty of care, landowners are NOT legally obligated to protect which group of people from harm?

Accepted Answer

Trespassers

Answer

Invitees

Answer

Visitors

Question 23

Which essential element of duty of care requires that the defendant's conduct could reasonably have foreseen the plaintiff's injuries?

Accepted Answer

Foreseeability

Answer

Reasonable conduct

Answer

Cause-in-fact

Answer

Proximate cause

Question 24

What is the general rule used to determine whether a duty of care exists?

Accepted Answer

Reasonable person standard

Answer

Foreseeability test

Answer

Negligence per se

Answer

Strict liability

Question 25

How do contributory negligence and comparative negligence differ in their impact on a plaintiff's ability to recover damages?

Accepted Answer

Contributory negligence bars recovery, while comparative negligence may reduce recovery.

Answer

Comparative negligence bars recovery, while contributory negligence may reduce recovery.

Answer

They have no distinction in legal effect.

Answer

Both bar recovery completely.

Question 26

What is the significance of the 'reasonable person' standard in determining duty of care?

Accepted Answer

It provides a benchmark for evaluating conduct based on what a hypothetical reasonable person would do in the same situation.

Answer

It establishes a subjective standard of conduct based on the individual's personal characteristics.

Answer

It excuses defendants from liability if their conduct falls below the standard.

Answer

It imposes strict liability on defendants regardless of their conduct.

Question 27

Which of the following is a fundamental distinction between intentional torts and negligence?

Accepted Answer

Intentional torts require intent to cause harm, while negligence does not.

Answer

Negligence requires intent to cause harm, while intentional torts do not.

Answer

There is no distinction in legal effect between intentional torts and negligence.

Answer

Both intentional torts and negligence require proof of actual harm.

Question 28

Under the "Reasonable Person" standard, which factors are considered when assessing negligence?

Accepted Answer

Age, experience, and relevant circumstances

Answer

Financial situation and social status

Answer

The plaintiff's vulnerability

Answer

Only the defendant's actions and intentions

Question 29

In a medical malpractice case, what must the plaintiff demonstrate to establish a breach of duty of care?

Accepted Answer

The healthcare professional failed to adhere to the accepted standard of medical practice

Answer

The healthcare professional intentionally caused the harm

Answer

The patient suffered an adverse outcome

Question 30

Which of the following is a recognized defense to a claim of negligence?

Accepted Answer

Contributory negligence

Answer

Statute of frauds

Answer

Force majeure

Answer

Implied warranty

Question 31

What is the purpose of the "foreseeability of harm" element in establishing a duty of care?

Accepted Answer

To assess whether the defendant had a reasonable obligation to anticipate potential harm

Answer

To establish the extent of the plaintiff's injuries

Answer

To excuse the defendant from liability if the harm could not have been predicted

Question 32

How does the duty of care differ in cases involving minors?

Accepted Answer

A lower standard of care is generally applied to children due to their developmental stage and limited capacity

Answer

The duty of care is identical for adults and children

Answer

Children are subject to a higher standard of care than adults

Question 33

Which of the following is a typical example of a breach of duty of care in landlord-tenant relationships?

Accepted Answer

Failure to maintain a habitable and safe living space

Answer

Increasing rent beyond legally permissible limits

Answer

Evicting a tenant without proper notice

Question 34

Which of the following factors is not typically considered when determining the scope of duty of care?

Accepted Answer

The defendant's financial resources

Answer

The relationship between the parties

Answer

The nature of the activity

Answer

The foreseeability of harm

Question 35

Which of the following is NOT an essential element of duty of care?

Accepted Answer

Intent to cause harm

Answer

Causation

Answer

Foreseeability of harm

Answer

Reasonable person standard

Question 36

In a negligence case, what must the plaintiff primarily demonstrate to establish a breach of duty?

Accepted Answer

Defendant's failure to meet the reasonable person standard of care

Answer

Plaintiff's significant financial losses

Answer

Defendant's malicious intent to harm the plaintiff

Answer

Defendant's conscious violation of a safety regulation

Question 37

A healthcare professional primarily owes a duty of care to:

Accepted Answer

Their patients

Answer

The general public

Answer

Their employer

Answer

Their colleagues

Question 38

When determining the appropriate standard of care, which factor is taken into consideration?

Accepted Answer

Age and experience of the individual

Answer

Personal beliefs of the plaintiff

Answer

Financial resources of the parties involved

Answer

Social status of the defendant

Question 39

In the context of duty of care, what is the significance of foreseeability?

Accepted Answer

It requires the defendant to anticipate potential harm that could result from their actions

Answer

It implies that the harm was unavoidable

Answer

It shifts the burden of proof to the plaintiff

Question 40

What is the fundamental purpose of the "learned intermediary" doctrine?

Accepted Answer

To limit the liability of pharmaceutical manufacturers in certain circumstances

Answer

To shift the burden of proving negligence to the defendant

Answer

To hold medical professionals strictly liable for patient injuries

Question 41

Which of the following is a core duty of care typically imposed on employers?

Accepted Answer

Providing a reasonably safe workplace

Answer

Guaranteeing job satisfaction

Answer

Offering generous employee benefits

Answer

Paying employees significantly above industry standards

Question 42

Which of the following is an essential element of duty of care?

Accepted Answer

Duty to avoid foreseeable harm

Answer

Intent to harm

Answer

Proximate cause

Answer

Standard of care

Question 43

A person is considered an independent contractor, rather than an employee, for purposes of duty of care when they:

Accepted Answer

Have control over the manner and means of performing their contracted work.

Answer

Are paid an hourly wage.

Answer

Work exclusively for one employer.

Question 44

A product manufacturer owes a duty of care to:

Accepted Answer

Consumers who reasonably use the product as intended

Answer

Only those who use the product for its intended purpose

Answer

Only those who purchase the product directly from the manufacturer

Answer

Only those who are injured by the product while at work

Question 45

A duty of care may arise from:

Accepted Answer

All of the above

Answer

Contract

Answer

Statute

Answer

Common law

Question 46

A homeowner is hosting a party. Which of the following situations would MOST LIKELY create a duty of care the homeowner owes to a guest?

Accepted Answer

A guest trips and falls on an uneven step leading to the backyard, which the homeowner knew about but didn't warn anyone.

Answer

A guest gets into a fight with another guest.

Answer

A guest accidentally spills a drink on their own clothing.

Answer

A guest accidentally breaks a vase while walking through the house.

Question 47

A doctor is treating a patient for a broken leg. Which of the following is NOT a factor that would likely influence the doctor's duty of care to the patient?

Accepted Answer

The patient's previous medical history with other doctors.

Answer

The patient's age and overall health condition.

Answer

The doctor's specialization in orthopedic surgery.

Answer

The accepted medical standards for treating broken legs.

Question 48

A lifeguard at a public pool sees a child struggling to stay afloat. Which of the following scenarios would MOST LIKELY show a breach of duty of care by the lifeguard?

Accepted Answer

The lifeguard is distracted by their phone and fails to notice the child in distress.

Answer

The lifeguard is on break and another lifeguard sees the child and rescues them.

Answer

The lifeguard signals to a nearby parent who then pulls the child to safety.

Answer

The lifeguard immediately jumps in to rescue the child but is unable to reach them due to strong currents.

Question 49

A store owner installs a new floor covering in their store, which is very slippery when wet. Which of the following actions would best demonstrate the store owner fulfilling their duty of care?

Accepted Answer

Posting clear warning signs about the slippery floor and placing mats near the entrances.

Answer

Offering customers discounts to compensate for any potential falls.

Answer

Replacing the floor covering with a less slippery option.

Answer

Hiring extra staff to help customers navigate the store safely.

Question 50

Which of the following is the MOST accurate definition of the 'reasonable person' standard in the context of duty of care?

Accepted Answer

A hypothetical person exercising ordinary care and prudence in a similar situation.

Answer

The person who acts in their own self-interest regardless of the consequences.

Answer

The average person in the community.

Answer

The person with the highest level of knowledge and expertise in a given field.

Question 51

A construction worker is injured on the job due to a faulty ladder. Which of the following is the MOST likely reason the construction company would NOT be held liable for the worker's injury?

Accepted Answer

The worker was specifically instructed to use the ladder despite its known defect, and they agreed to do so.

Answer

The construction company had recently purchased the ladder.

Answer

The worker's injury was severe and required extensive medical care.

Answer

The worker had previous experience using ladders.

Question 52

A homeowner allows a friend to borrow their car. Which of the following situations would MOST LIKELY establish the homeowner's duty of care to the friend?

Accepted Answer

The homeowner knows the car has faulty brakes but fails to inform the friend before lending it.

Answer

The homeowner asks the friend to run errands for them while driving the car.

Answer

The friend's driving license has expired.

Answer

The friend gets into an accident while driving the car due to their own negligence.

Question 53

Which of the following is NOT a potential consequence of a breach of duty of care?

Accepted Answer

Imprisonment for a criminal offense.

Answer

Reputational damage and loss of business.

Answer

Injunctive relief to prevent further harm.

Answer

Payment of monetary damages.

Question 54

A school teacher assigns a student to a lab experiment without providing proper safety instructions. The student gets injured due to a lack of knowledge about handling lab equipment. Which of the following legal concepts is MOST relevant to this scenario?

Accepted Answer

Duty of care owed by educators to their students.

Answer

The student's right to free speech.

Answer

The teacher's right to academic freedom.

Answer

The right to privacy of the student.