Negligence and Strict Liability

Whats the answer d for there to be negligence

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What’s the Answer? d. For there to be negligence, remember the elements: duty of care, breach of that duty, factual cause and proximate cause and damages must be shown. Bob is injured in a car accident and files a suit against Mary, whom Bob alleges was driving negligently. Mary claims that Bob was driving more carelessly than she was. Comparative negligence in tort cases may reduce a plaintiff’s recovery: a. only if the plaintiff was more at fault than the defendant b. only if the plaintiff and defendant were equally at fault c. only if the plaintiff was less at fault than the defendant d. even if the plaintiff was only a small fraction at fault
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What’s the Answer? d. Know the difference between the defense of comparative and contributory negligence. In a comparative negligence state, the liability will be on a percentage of each party. Marta owns National Demolition Company. During a demolition by Marta’s crew, Owen, a passerby, is injured. Under the theory of strict liability, Marta must pay for the injury: a. only if the crew intended to injure Owen b. whether or not the crew was at fault c. only if the crew was at fault d. under no circumstances What’s the Answer? b. Under the legal theory of Strict Liability, the plaintiff Need not prove that the defendant’s conduct was unreasonable. Some activities are so dangerous that the law imposes a high burden on them. This is called strict liability. Matt is using his new Samsung Galaxy 7 phone when it explodes in his hand, causing Matt to have 3rd degree burns and suffers injury. Matt files a suit against Samsung, Inc., the manufacturer. A significant application of the doctrine of strict liability is in the area of: a. constitutional law b. ethics c. product liability d. negligence What’s the Answer? c. One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if: The seller is engaged in the business of selling such a product, and It is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. This is known as product liability.
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Marie, a driver for National Transport Company, causes a five-car accident on an interstate highway. Marie and National are liable to: a. all those who are injured b. only those whose injuries could reasonably have been foreseen c. only those whose cars were immediately ahead and behind Marie’s vehicle d. only those who do not have insurance What’s the Answer? b. Remember, in order to recover for negligence, it has to be foreseeable; it’s the proximate cause. Branch Construction Company engages in blasting in its operation. This is subject to strict liability because a. Blasting is an abnormally dangerous activity. b. Blastinging is a negligent activity. c. Construction can be done without blasting. d. Branch is a construction company. What's the Answer? a. Blasting is an abnormally dangerous activity and the company would be strictly liable for any harm caused. Consequently, Branch would be liable for anyone under almost any set of circumstances.
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  • Fall '14
  • JosiahShowalter
  • Tort Law, Res ipsa loquitur

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