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e. Contributory negligence Causation 3. If a plaintiff suffers harm due to the d

ID: 2587335 • Letter: E

Question

e. Contributory negligence

Causation

3. If a plaintiff suffers harm due to the defendant's violating a statute attempting to mitigate such harm, then the defendant will most likely be
found liable for?

a. Negligence

b. Strict Liability

c. Negligence per se

d. Contributory Negligence

e. Compensatory Negligence

1. A child swallowed a small part from a toy and is injured as a result. The child was three year old, and the toy was made for children 10 and up. The box clearly stated that the toy was made for children 10-years old and up and also had warnings about how parents should always supervise their children when playing with the toy. The box also said the product was not to be swallowed. In this case, the child's parent was not supervising the three year old when he swallowed the toy part. As a result, the jury determines that the toy manufacturer (defendant) was 20% liable, but the majority of the liability rests with the parent who did not supervise the child. Under which system of negligence can the plaintiff recover damages for the 20% liability of the company? a. Strict liability b. Assumption of the risk c. Modified comparative negligence d. Pure comparative negligence

e. Contributory negligence

2. Which of the following concepts is not a standard element of negligence that a plaintiff must prove to win a negligence case? a. Breach of duty b. Damages c. Unfortunate accident d. Duty e.

Causation

3. If a plaintiff suffers harm due to the defendant's violating a statute attempting to mitigate such harm, then the defendant will most likely be
found liable for?

a. Negligence

b. Strict Liability

c. Negligence per se

d. Contributory Negligence

e. Compensatory Negligence

Explanation / Answer

1. option (d) Pure comparative negligence

2. option (c) Unfortunate accident

3.option(c). Negligence per se

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