Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Question
Chapter 8, Problem 1CO
Summary Introduction
To discuss: The three needed elements of an action for negligence.
Expert Solution & Answer
Explanation of Solution
Duty of care: A legal responsibility needed the offender to conform to the standard of behaviour implemented for the protection of others.
Breach of duty: The offender unsuccessful to exercise sensible care.
Factual cause: The offender’s failure to workout sensible care in fact caused the injury the petitioner continued.
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Students have asked these similar questions
Identify the legal concept of negligence and discuss the elements necessary to establish a negligence cause of action as discussed in the text. Be
sure to pay particular attention to the issues of causation, foreseeability, proximate cause, and the defenses one may have to a negligence lawsuit as evidenced in Palsgraf v. Long Island Railroad Co., 248 N.Y. 339, 162 N.E. 99 (1928).
Identify and explain the elements of negligence.
With reference to case law, define the tort of negligence and discuss what a claimantmust show in order to bring a successful claim for negligence.
Chapter 8 Solutions
Smith and Roberson’s Business Law
Ch. 8 - Prob. 1COCh. 8 - Prob. 2COCh. 8 - Prob. 3COCh. 8 - Prob. 4COCh. 8 - Prob. 5COCh. 8 - Prob. 1QCh. 8 - Prob. 2QCh. 8 - Prob. 3QCh. 8 - Prob. 4QCh. 8 - Prob. 5Q
Ch. 8 - Prob. 6QCh. 8 - Prob. 7QCh. 8 - Prob. 8QCh. 8 - Prob. 9QCh. 8 - Prob. 10QCh. 8 - Prob. 11CPCh. 8 - Prob. 12CPCh. 8 - Prob. 13CPCh. 8 - Prob. 14CPCh. 8 - Prob. 15CPCh. 8 - Prob. 16CPCh. 8 - Prob. 17CPCh. 8 - Prob. 18CPCh. 8 - Prob. 19CPCh. 8 - Prob. 20CPCh. 8 - Prob. 21CPCh. 8 - Prob. 22CPCh. 8 - Prob. 1TSCh. 8 - Prob. 2TSCh. 8 - Prob. 3TS
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Similar questions
- In a legal brief on negligence the following statement was made: "Where negligence can be established, it is no defense that the negligent action was in full compliance with all government regulations and permit conditions." Explain why this defense may not be valid.arrow_forwardDiscuss the concept of punitive damages. What is the purpose of this form of damages? Is it effective to accomplish its goal? Are there any circumstances in which punitive damages are appropriate in negligence cases? Give an example or examples of such situations.arrow_forwardDefine Negligence.arrow_forward
- Under the Law of Tort, with regards to the general principles of negligence what is the concept of duty, the standard of care, causuation, damages and contributory negligencearrow_forwardIn what circumstances does the law impose liability on a person who is not at fault? How can liability without fault be justified? explain in essay typearrow_forwardPlease list and describe the 3 types of torts.arrow_forward
- Identify the defenses that are available to a tort action in negligence and those that are available to a tort action in strict liability.arrow_forwardThe elements of a negligence tort include which of the following? a. Duty b. Breach of duty c. Proximate causation d. All of the abovearrow_forwardTo successfully win a negligence lawsuit, what are the "elements" the plaintiff must prove and what three affirmative defenses are available to the defendant?arrow_forward
- A woman shopper was injured when she slipped on the tiled foyer of a supermarket, which was wet after rain. The defendant argued that it wasn’t responsible for the slippery condition of the floor, and that it owed no general duty of care in negligence. As it had mopped the floor to minimise danger to customers, there was no unusual danger that would give rise to a strict liability on the occupier. How do you think a court might assess the defendant’s claim of no liability?arrow_forwardRebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that: A. Rebekah is not liable if someone else was witnessed planting the marijuana B. Rebekah is not liable because she had no illegal intent C. Rebekah is liable only if she was found to be negligent in not recognizing the marijuana D. Rebekah is liable even though she had no illegal intentarrow_forwardWhat is the legal concept of negligence and the 4 elements that make up that conceptarrow_forward
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