Contracts Keyed to Barnettback
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A passenger on a cruise ship went to the ship’s spa for a hot rock massage. A hostess had the passenger lie on her stomach and placed warm stones on her back. The hostess told the passenger that the ship’s licensed masseuse would be in to begin her massage when the rocks cooled, in approximately half an hour. Only several minutes later, however, a man came into her room and began rubbing her back. Unbeknownst to the passenger, the man was not the masseuse but another passenger on the ship acting on a dare from his friends. The man continued to massage the passenger awkwardly for several minutes, at times pinching her back uncomfortably. When the passenger finally spoke up in protest, the man ran out of the room, laughing hysterically. The incident humiliated the passenger and caused her extreme distress.
If the passenger sues the cruise ship for negligence, which of the following defenses would most likely show that the cruise ship is not li- able?CorrectIncorrect
A driver drove a 1967 car without a third brake light in the rear window. The driver’s left rear brake light was functioning, and a police officer pulled him over and warned him to fix the light. A week later the driver’s neighbor, who owns an identical car, stole the driver’s right rear brake light to replace a broken light of her own. The driver was completely unaware that the light was stolen since the driver’s neighbor had carefully replaced the light’s red encasement. He still had not fixed the left light. Later in the day the driver stopped short in the middle of a highway to prevent hitting a grasshopper. Since neither of the driver’s tail lights worked properly, a second driver who was driving behind the first driver did not realize he should stop until it was too late. He collided with the first driver. Both sides agree that the collision would not have occurred if either of the lights were properly functioning.
If the first driver brings an action against the second driver and the second driver argues that first driver was contributorily negligent for driving without taillights, second driver’s best argument is that:CorrectIncorrect
A college student wanted to join a fraternity at school, so he went to a party sponsored by a fraternity house. The college student overheard a fraternity brother whisper to his friend about him, “That guy seems like a real jerk.” The college student picked up a cake knife and said to the fraternity brother, “If I was a little more angry, I would slice your throat with this.” The college student put the knife down, while pinching the fraternity brother’s neck with his fingers. The fraternity brother ordered two pledges to take the college student in their car and drop him off in the woods. The college student was taken to a spot ten miles from the nearest house. The temperature was less than eight degrees Fahrenheit. The college student lost eight fingers and two toes from frostbite and exposure.
On what theory would the college student most likely recover for his frostbite damages?CorrectIncorrect
A doctor is a surgeon in a very small town. In a routine operation, the doctor removed a victim’s gallbladder, but left a pair of scissors in the victim’s abdomen. The doctor admitted he left the scissors in and offered to remove them for free. The victim filed suit against the doctor for negligence.
To establish a breach of the duty by the doctor, the victim:CorrectIncorrect