Exam 7: Negligence and Strict Liability

_____ is an unintentional breach of duty by the defendant that results in harm to another.

Jose,a migrant worker who lived in a mobile home,died in a fire.The smoke alarm of the mobile home malfunctioned and did not go off.He was trapped inside while the fire engulfed him.The state had a law that required dwellings to be equipped with smoke detectors and that they be maintained.In this scenario,Jose's widow can sue the owner of the mobile home under _____.

What is meant by proximate cause?

A defendant is always free of liabilities if the intervening force was foreseeable.

Which of the following is a general negligence causation rule?

One night,when Henry got home and flipped on the light switch,the kitchen exploded,leaving him severely injured.The explosion was caused by a failure of the gas connector,which allowed a large amount of gas to escape,and a small spark created by turning on the light caused it to explode.Henry sued the gas corporation,arguing that it knew the connector was defective but it did not warn its customers.Henry won the case.He is most likely to have won the lawsuit on the grounds of:

_____ is a good defense to recklessness.

Briefly describe the main defenses to negligence.

Rachel saw her sister Rebecca being hit by a car.She rushed to help her and later accompanied her to the hospital.Unfortunately,several hours later her sister died.Rachel,who received psychiatric treatment as a result of the traumatic experience,sued the car driver for emotional distress.Which of the following is most likely to be true in this case?

A close relative is not regarded as third party for recovery against emotional distress.