CAIA Liability and Negligence Principles 2

Question 1

Which legal doctrine holds an employer responsible for the negligent acts of an employee committed within the scope of employment?

Accepted Answer

Vicarious liability

Answer

Res ipsa loquitur

Answer

Contributory negligence

Answer

Assumption of risk

Question 2

A driver rear-ends another vehicle while texting. The injured party was not wearing a seatbelt, increasing their injuries. Under pure comparative fault, how is the non-seatbelt factor treated?

Accepted Answer

It reduces the plaintiff's damages proportionally

Answer

It bars recovery entirely

Answer

It shifts all liability to the plaintiff

Answer

It has no effect on the award

Question 3

What does 'proximate cause' require in a negligence claim?

Accepted Answer

That the harm was a foreseeable result of the defendant's conduct

Answer

That the defendant intended to cause harm

Answer

That the plaintiff suffered economic loss only

Answer

That multiple defendants acted jointly

Question 4

An adjuster is evaluating a claim where the at-fault driver was operating a company vehicle on a personal errand. Which doctrine most limits the employer's liability?

Accepted Answer

Frolic and detour doctrine

Answer

Joint enterprise doctrine

Answer

Negligent entrustment doctrine

Answer

Last clear chance doctrine

Question 5

In states applying the 'modified comparative fault – 51% bar rule,' a plaintiff who is found 55% at fault for an accident will:

Accepted Answer

Recover nothing

Answer

Recover 45% of damages

Answer

Recover full damages minus defendant's 45%

Answer

Recover 55% of damages

Question 6

Which element of negligence requires the defendant to have owed a legal obligation to protect the plaintiff from unreasonable risk of harm?

Accepted Answer

Duty

Answer

Breach

Answer

Causation

Answer

Damages

Question 7

A pedestrian darts into traffic unexpectedly and is struck by a vehicle. The driver had a last opportunity to avoid the collision but failed to brake. Which doctrine may allow the pedestrian to recover despite their own negligence?

Accepted Answer

Last clear chance

Answer

Assumption of risk

Answer

Res ipsa loquitur

Answer

Strict liability