Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card For Mann/roberts’ Smith And Roberson’s Business Law, 17th
17th Edition
ISBN: 9781337094566
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.
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.
Chapter 8 Solutions
Lms Integrated Mindtap Business Law, 1 Term (6 Months) Printed Access Card For Mann/roberts’ Smith And Roberson’s Business Law, 17th
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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- 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.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
- What is the “doctrine of contributory negligence” and how does it relate to tort law?arrow_forwardUnder 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_forwardExplain , What is the “doctrine of contributory negligence” and how does it relate to tort law?arrow_forward
- Explain, What is the defense of contributory negligence in tort law?arrow_forwardIdentify the defenses that are available to a tort action in negligence and those that are available to a tort action in strict liability.arrow_forwardWhat was the significance of The Donoghue v Stevenson case in terms of the development of the law of negligence and the protection of rightsarrow_forward
- The 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_forwardWhat is the defense of contributory negligence in tort law?arrow_forward
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