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Unformatted text preview: resulting injuries. Liability cannot be based on guess or conjecture as to the cause of the injury; proximate cause can only be established when there is a reasonable certainty that defendant's acts caused the injury. 11. Carl was negligent for jumping out of a boat in movement, the Long beach Yacht Club was negligent for not providing the stairs but it is not responsible for Carl’s decision to jump. I believe this is a case of primary assumption of risk; assumption of risk that is based upon the absence of a defendant's duty of care. The plaintiff is not entitled to recover from the defendant...
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This note was uploaded on 02/29/2012 for the course BUSINESS 101 taught by Professor Monastersky during the Spring '10 term at Bergen Community College.
- Spring '10
- Business Law