Exam 9: Negligence, Strict Liability, and Product Liability

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Most states recognize some form of comparative negligence.

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A contractor used dynamite to loosen a rocky hillside.The blast from the dynamite caused a house foundation to crack.The house was located over a half-mile away from the dynamite site.The contractor was careful when using the dynamite and no allegation of negligence is made.However,the house owner claims the contractor is liable for damage to the foundation.Is the house owner correct? Explain.

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Silas asks his friend Shelby to come to his property to go fishing at his pond.If he fails to warn her that the dock has a rotten spot and she falls through and is injured,Silas would be held liable in most states.

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In strict liability,if a company sells a beverage in a can that has sharp edges and injures several consumers,it will be held liable even if it didn't know about the problem.

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The notion that if a plaintiff is even slightly negligent,he or she recovers nothing is known as

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