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chapter 7 study questions

chapter 7 study questions - Assumption of risk a plaintiff...

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Chapter 7 S TUDY Q UESTIONS 1) What are the four elements of negligence? That the defendant owed a duty of care to the plaintiff; that the defendant breached that duty; that the plaintiff suffered a legally recognizable injury; that the defendant’s breach caused the plaintiff’s injury 2) In a negligence action, to qualify as a business invitee, should it be required that an individual be on the premises for the purpose of buying something? No because they might be on a tour or inspecting the store. 3) Discuss the causation element of negligence. If a person breaches a duty of care and someone suffers an injury, the wrongful activity must have caused the harm for a tort to have been committed. 4) What do awards of punitive damages achieve? They deter other parties from behaving in an unseemly manner. 5) Identify and define defenses available in an action in negligence.
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Unformatted text preview: Assumption of risk: a plaintiff enters into a risky situation knowing the risk involved Superseding cause: an unforeseeable intervening event may break the causal connection between a wrongful act and an injury to another Contributory and Comparative negligence: all individuals are expected to exercise a reasonable degree of care in looking out for themselves. 6) On what public policy grounds is strict liability imposed? Abnormally dangerous activities; persons who keep wild animals; product liability 7) What are abnormally dangerous activities? Those that involve a high risk of serious harm to persons or property that cannot be completely against by the exercise of reasonable care. 8) Why is the theory of strict liability applied to abnormally dangerous activities? To deter individuals from participating in these types of activities....
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