USA v. Republic of France and French LineIssueCan USA recover for negligence from Republic of France and French Line?RuleNegligence is a dutyowed to a plaintiff, that was beachedby the defendant that caused injuryto the plaintiff and the injurywas from the breach of the duty. assumption of risk - is the plaintiffs voluntary consent to a known danger. foreseeability: reasonably anticipate that damage or injury will probably ensue from acts or omissions.ApplicationUSA argues that France and French Line knew the foreseeable dangers of fertilizer grade ammonium nitrate (FGAN) and their very highly flammability, it should not be a surprise that smoking and other fire like substance should be banned and monitored. France and French Line breached the duty by not making any attempt to prohibit smoking. The cigarette or match caused the flame in the FGAN, which resulted in an explosion killing 500 people, 3000 injured and considerable sums of money to victims. But for the cigarette or match, the Grandchamp would
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