RESM 4080 Exam 1 and 2 with complete solutions; latest 2022 update

RESM 4080 Exam 1 and 2 with complete solutions; latest 2022 update Which of the following is NOT a duty owed to participants by recreation providers? - Answer- Obligation to prevent injuries You are eating at a resta ...

RESM 4080 Exam 1 and 2 with complete solutions; latest 2022 update Which of the following is NOT a duty owed to participants by recreation providers? - Answer- Obligation to prevent injuries You are eating at a restaurant when suddenly the person at the table next to you begins choking. Although you are only a college student, you have been trained in CPR and first-aid. You are qualified to perform the Heimlich maneuver if needed. Do you have a duty to help the person choking? -Answer- No You are driving home from work when you notice someone unconscious on the side of the road. You pull your car over to see if the person is okay. You check his/her vital signs and the person is not breathing but does still have a pulse. You are certified in CPR and first-aid. Do you have a duty to perform rescue breathing on the person? - Answer- Yes You participate in an adult basketball league. During a game, you and a teammate go up for a rebound. Upon landing, the teammate's foot lands on your foot and shatters his/her ankle. Which of the following is true? -Answer- You are not guilty of negligence You own a fitness center which employs personal trainers. Unknown to you, a trainer showed up for work one day intoxicated and injured one of his/her clients. The personal trainer did not have a history of coming to work intoxicated. Are you (the business) guilty of negligence? -Answer- No Which of the following is an example of primary assumption of risk? -Answer- An individual knows that playing basketball can lead to an ankle sprain or ACL tear but decides to participate despite those risks A court in the state of Texas determines that the participant was 25% at fault for his/her injuries and awards $100,000. How much money will the participant receive? -Answer- $75,000 Which of the following is NOT a condition required by Recreational User Statutes? - Answer- The landowner must charge a fee to participants for using his/her land Which of the following is NOT a common element included in most "Good Samaritan" statutes? -Answer- The individual must be providing the aid at a medical facility The primary function of a waiver is to protect the service provider from liability for injuries resulting from _____. -Answer- Ordinary NegligenceWhich of the following is NOT one of the textbook's definitions of Negligence? -AnswerThat particular cause which produces an event and without which the event would not have occurred. Which of the following is NOT a source or origin of Duty? -Answer- Economic Loss "The intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another" is the textbook's definition of _____. -Answer- Gross Negligence Which of the following is NOT one of the five categories of Administrative Duties? - Answer- Purchase insurance to prevent or bar liability. Which of the following statements about Liability is FALSE? -Answer- Employees are not individually liable for their own negligence. "When one knows the inherent dangers involved and voluntarily participates, one assumes those risks inherent in the activity and the service provider is not liable for injuries resulting from those inherent risks." This is the definition of _____. -AnswerPrimary assumption of risk Which of the following is a defense to Negligence based on Common Law? -AnswerElements of negligence not proven Which state is the most unlikely to enforce a Parental Waiver (i.e., a waiver signed by a parent on behalf of a minor child)? -Answer- Texas Minors (those 17 and under) cannot enter into valid contracts (and a Waiver is a contract). Consequently, many service providers attempt to protect themselves from liability using other agreements. Which of the following is NOT one of those other agreements? -Answer- Parental duty of care agreement Waivers can come in different formats. Which of the following is the best option when using a Waiver? -Answer- Stand-alone document _____ risks are those that are a normal, integral part of the activity, or risks that cannot be eliminated without changing the nature of the activity itself. -Answer- Inherent An employer is directly responsible for the negligence of its employee if the employee was acting within the scope of his/her job responsibility. This is known as _____. - Answer- Vicarious liability _____ damages are intended to punish the wrongdoer for outrageous conduct and to deter such acts in the future. -Answer- Punitive_____ is the body of law that is created by acts of a legislative body. -Answer- Statutory Law Which of the following is NOT an example of an inherent relationship? -Answer- Athlete and Athlete