?List and define the elements of negligence and related defenses.
What will be an ideal response?
• Duty: The existence of a duty of due care owed by one person to another.• Breach of duty: Failure to conform to the required standard of care; that is, what is reasonable under the circumstances.• Cause of the injury: the conduct in question (the breach) was the natural and probable (proximate) cause of the resulting harm.• Injury in fact: An actual injury or loss must have resulted.• Contributory negligence: Any negligence on the part of the plaintiff that contributes to the plaintiff's injury is a bar to the plaintiff's recovery.• Last clear chance: Defeats defense of contributory negligence by showing defendant had the last clear chance to avoid the accident or injury and the defendant did not avoid the injury to the plaintiff.• Comparative negligence: A process whereby the plaintiff's own negligence is assessed at a certain percentage of the entire responsibility for the injury and the plaintiff's award is reduced accordingly. In some states if a plaintiff is assessed at more than 51 percent of the responsibility, the plaintiff may not recover.• Assumption of risk: A doctrine that denies any recovery of the plaintiff if the plaintiff knows the risks and still enters into the conduct in question.?
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All six factors set forth by the Restatement must be met before an activity may be classified as abnormally dangerous.
Answer the following statement true (T) or false (F)
____ liability is liability regardless of fault. It may be imposed on a merchant who introduces into commerce a good that is so defective as to be unreasonably dangerous.?
A. ?Strict B. ?Significant C. ?Product D. ?Intentional
?Paralegal Catherine and attorney Jordan are meeting with a client to learn about the client's legal problem and to allow attorney Jordan to give the client legal advice, discuss legal fees, and determine whether or not to take the case. This describes which of the following?
A. ?Initial client interview B. Subsequent client interview? C. Informational interview? D. ?Witness interview
What two conflicting objectives dominate discussions of joint and several liability?
What will be an ideal response?