9. The State of Oppression has a law making it a crime to operate a retail busin

Question

9. The State of Oppression has a law making it a crime to operate a retail business on Sundays. One Sunday Dave slipped on a wet spot in a store and hurt himself. Dave sued the store for negligence per se. Under this doctrine:

A. Dave will not recover because he did not suffer harm of a kind against which the statute was intended to protect.

B. Dave will recover because the slippery wet floor posed a reasonably foreseeable risk of harm, and Joe failed to eliminate that risk.

C. Dave will not recover because he was not within the class of persons intended to be protected by the statute.

D. Dave will recover because the store violated Oppression' law about being open on Sundays

10. Which of the following is not an element of the common law claim of negligence?

A. There were substantial monetary damages due to the actions of the defendant.

B. The breach committed by the defendant was the actual and proximate cause of injury to the plaintiff.

C. The defendant committed a breach of his duty to the plaintiff.

D. The defendant owed a duty of care to the plaintiff.

Explanation / Answer

9. option A is correct. he do not get any harm so he is not recovered.

10. option D is the answer, the remaining 3 are elements only

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