Exam 7: Negligence and Strict Liability

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Under the doctrine of comparative negligence,both the plaintiff's and the defendant's negligence are taken into consideration.

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Fact Pattern 7-A1 (Questions A2-A3 apply) Roy owns an apartment building that contains units of different sizes.The sidewalks around the building are in poor repair.Many sections have buckled from the growth of tree roots over the years. -Refer to Fact Pattern 7-A1.As the landlord of the building,when a prospective tenant asks about the size of an apartment,Ray has a duty to

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Causation in fact can be determined by use of the but for test.

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One of the requirements for a suit based on strict liability is a failure to exercise due care.

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The extreme risk of an activity is a primary basis for imposing strict liability.

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Driving his sport utility vehicle negligently,Bart crashes into a streetlight.The streetlight falls,smashing through the roof of a house,killing Chris.But for Bart's negligence,Chris would not have died.Regarding the death,the crash is the

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To determine whether a duty of care has been breached,a judge asks how he or she would have acted in the same circumstances.

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A superseding cause is an intervening event that imposes liability on a defendant for injuries caused by the intervening event.

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Nadine is a spectator at the Metro City Softball Tournament,an athletic competition.Regarding the risk of injury,Nadine assumes the risks

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A business owner has a duty to use reasonable care to protect its customers against foreseeable risks about which the owner should have known.

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Under the theory of negligence,the duty of care requires an intentional act.

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Amber shops in a Breezy Bargains store,whose employee Connor recently mopped the floor.Amber slips,falls,and suffers an injury.Breezy is liable to Amber on a negligence theory if there was a "Wet Floor" warning sign and

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Fact Pattern 7-A1 (Questions A2-A3 apply) Roy owns an apartment building that contains units of different sizes.The sidewalks around the building are in poor repair.Many sections have buckled from the growth of tree roots over the years. -Refer to Fact Pattern 7-A1.As the owner of the building,Roy has a duty to

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Beth is injured in a car accident and sues Cash,alleging negligence.Cash claims that Beth was driving more carelessly than he was.Comparative negligence may reduce Beth's recovery

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Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability.

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Ralph,a van driver for Standard Delivery Company,causes a multi-vehicle accident on a city street.Ralph and Standard are liable to

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Caleb is driving a car in which Dona is a passenger when an accident occurs.Caleb and Dona are emotionally rattled,but neither is physically hurt.Caleb is not liable to Dona on a negligence theory because

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A person assumes all risks associated with any activity in which he or she participates.

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The degree of care to be exercised in a situation can vary with a person's profession or occupation.

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A person who keeps a wild animal is always strictly liable for any harm that the animal inflicts.

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