9. A breach of the duty of care in negligence can consist of an act or a failure

Question

9. A breach of the duty of care in negligence can consist of an act or a failure to act 10. A landowner owes a duty of ordinary care even to trespassers. 11. Strict liability is or means "liability without regard to fault. 12. For strict liability, plaintiff must show that defendant intended to inflict injury on plaintiff 13. In negligence, the test to measure defendant's conduct is the reasonable person standard/test which ask what would a reasonably careful person do or not do under same or similar circumstances 14. The reasonably careful person in negligence law is the most careful person in society 15. Proximate cause limits the responsibility of a wrongdoer in negligence law by providing that a wrongdoer is legally responsible only for direct, closely connected, continuous sequence of events between the negligent conduct and the injury to plaintif, and the foreseeable consequences of his or her wrongful conduct 16. The reasonable person standard is a subjective standard and the wrongdoer's subjective intent does matter when considering the issue of negligence. Thus, if the person truly did not mean to be careless that lets him or her "off the hook" for liability to the person harmed. 17. In negligence, an intervening cause is a cause that interrupts the chain of events caused by original wrongdoer's conduct and has the legal effect of eliminating the liability of the original wrongdoer. 18. If the defendant has a physical handicap, then the reasonable person for the reasonable person standard will be considered to have the same handicap. 19. In a pure comparative negligence State, Plaintiff will receive money damages no matter how much he or she was at fault or contributed to his or her injury, but the amount of the award given to the plaintiff by the jury is reduced by that percentage assessed against plaintiff

Explanation / Answer

9) A breach of the duty of care in negligence can consist of an act or a failure to act

True.

Reason - A failure to act' means when a person is bound to do or act but he omits to do that or deliberately neglects it and Duty to care is a legal term that defines an individual or organization's legal requirement to take action to prevent harm to a person or the community as a whole. So Breach of duty to care results in failure to act.

10) A landowner owes a duty of ordinary care even to trespassers

True

Reason - if a landowner knows thattrespassers have been on his/her land, then these persons are discoveredtrespassers to whom the landowner owes the duty of ordinary care to warn of danger

11) Strict liability is or means liability without regard to fault

False

Reason - strict liability is the imposition of liability on a party without a finding offault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous.

12) For strict liability, plaintiff must show that defendant intended to inflict injury on plaintiff.

True

Reason - The claimant need only prove that the tort occurred and that the defendant was responsible.

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