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You passed this Milestone16 questions were answered correctly.5 questions were answered incorrectly.1A firefighter is injured by smoke inhalation while fighting an accidental fireat a local resident's house.Is the homeowner liable for negligence if the firefighter sues?No, because the homeowner had no duty of care to the firefighter.Yes, but only if causation can be established.No, because the firefighter was acting unreasonably by entering a burninghome.Yes, because the homeowner breached a duty of reasonable care to the firefighter.CONCEPTNegligent Torts: Liability2Regarding fault, tort law is different from criminal law in that __________.under tort law, a plaintiff may only recover if a wrongful act has been committed by the defendantunder tort law, a plaintiff may recover only if the defendant had a deliberate desire to do harmunder tort law, a tortfeasor may only be held liable if he or she did not observe all possible precautionsunder tort law, a plaintiff may recover even if the tortfeasor is notinvolved in intentionally wrongful conductCONCEPT
Introduction to Tort Law3Select the example that is inconsistentwith the provisions of the UCC for contract remedies for a seller's breach of contract.The sales contract for a shoe company specifies that the statute of limitations for any charges of breach of contract shall be limited to two years.An appliance company sells a defective stove that injures its owner. The sales contract excludes responsibility for consequential damages except those deemed unconscionable, so the company replaces the stove and compensates the woman for her injury.In order to be more competitive with buyers, the sales contract for a television manufacturer extends the statute of limitations for breach of contract claims to six years.In its sales contract, a software company specifies that its sole obligation in the event that its software is defective is to replace it with a non-defective copy.CONCEPTRemedies in General Under the Uniform Commercial Code4Andy is driving a 20-year-old boat that he borrowed from a friend. While he's on the water, the steering system fails and the boat crashes. Subsequent investigation shows that the steering system failed as a resultof corrosion. Andy sues the boat manufacturer for negligence.How strong is his negligence case against the product manufacturer?Strong, because there is no evidence that Andy's own actions contributed to the damages.Strong, because proximate cause between the corroded steering system and the crash is easy to establish.
Weak, unless he can show that the corrosion was the result of a design defect rather than normal wear and tear on a 20-year-old boat.Weak, because he does not have privity of contract, since he was borrowing his friend's boat.

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