Pages 205-244 in the text

Question 1

Ken B. Laizy filled out an application to renew his drivers license and asked his wife Sue to mail it. Sue forgot to mail it, and on July 1 Ken's license was revoked. On July 2 Ken drove through a red light and injured Rita Booke who was speeding.

Ken is liable to Rita because Ken was negligent as a matter of law for driving without a license.

Ken is liable to Rita because Ken was negligent as a matter of law for driving through a red light.

Ken is not liable to Rita because Ken's failure to renew his license is excused since he asked his wife to mail it.

Ken is not liable to Rita because one who violates a licensing statute cannot be held liable for negligence.

Question 2

The State of Uforia has a statute making it a crime to blow a car horn within 100 feet of a hospital unless there is a traffic emergency. Sharon parked across the street from a hospital and blew her car horn to get the attention of her friend who was inside her house waiting for Sharon to pick her up. The noise of the horn caused Warren Peas, who was repairing a water main outside Sharon's house, to become frightened. As a result of the fright, Warren dropped some heavy equipment on his toe.

Sharon is liable to Warren because she violated a criminal statute and is therefore negligent as a matter of law.

Sharon is liable to Warren because no reasonable person would have blown their horn to get a friend's attention.

Sharon is not liable to Warren because the statute was not designed to protect against the type of harm that resulted.

Sharon is not liable to Warren because the violation of the statute did not cause the loss.

Question 3

Rusty Marx slipped on a green pepper at the Cheepo Supermarket. The green pepper was brown in color and had tire marks on it. Cheepo has someone clean the aisles every 30 minutes. Cheepo operates in a state that follows the traditional rules for slip and fall cases.

Cheepo is liable because it was had sufficient time to discover the green pepper on the floor.

Cheepo is liable because it was negligent not to clean the aisle more often than every 30 minutes.

Cheepo is not liable because there is not enough evidence that it knew or should have known about the green pepper on which Rusty slipped.

Cheepo is not liable because there was no expert testimony as to the standard of care owed by a supermarket.

Question 4

Benton Sharpe was passenger on Swifty's bus. When Benton stood up to leave the bus he struck his head on a grab handle. Before Benton got on the bus another passenger had bent the handle so that it pointed straight down instead of at angle of 45 degrees.

Swifty is negligent because it violated a custom to have every handle at 45 degree angles.

Swifty is negligent because accidents of this type cannot occur in the absence of negligence.

Swifty is not negligent because the accidents of this kind ordinarily happen without anyone being negligent.

Swifty is not negligent because the grab handle was not in the exclusive control of Swifty.