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Lecture 15

COMM 300 Lecture Notes - Lecture 15: Linda Miles, Breast Implant, Contributory Negligence


Department
Commerce
Course Code
COMM 300
Professor
Paul Lester
Lecture
15

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-The Town of Sussex Corner owned a bridge. Ruby negligently damaged the bridge by
ramming it with a boat. At that point, it would have cost $30 000 to repair the bridge.
Before the town could do so, however, Oswald negligently rammed the bridge in a
different spot with his own boat. The town had the damage from both incidents repaired
at the same time for a total cost of $50 000. Which of the following statements is TRUE
onone of the above
-Peter has sued Calista and Lailani for negligence. The evidence indicates that Peter's
injury was caused by the combined effect of negligent acts by himself, Calista, and
Lailani. That injury would not have occurred at all if any one of the three parties had
acted carefully. The judge held that Calista and Lailani are jointly and severally liable.
The judge also apportioned responsibility for the injury on the following basis: Peter 60
percent, Calista 30 percent, and Lailani 10 percent. The value of the loss that Peter
suffered as a result of his injury is $100 000. Which of the following statements is TRUE
oPeter can collect $40 000 from Lailani
-Coco sued Vincent for negligence. He has relied on the defence of contributory
negligence. That defence may be successful only if the evidence indicates that
oCoco breached the standard of care
-Dashawn was severely injured while participating in a "fitness challenge" that was
organized and operated by Zeta Inc. He has sued for negligence. Zeta relies on the
defence of voluntary assumption of risk. In support of that defence, Zeta has produced a
"Disclaimer of Liability" that Dashawn signed. Which of the following statements is
TRUE
oZeta will be relieved of liability only if the disclaimer clause governed the legal
risk of injury
-Demarcus sued Marguerite for negligence. She has relied on the defence of illegality.
Which of the following statements is TRUE
oThat defence may apply if the recovery of damages would allow Demarcus to
avoid a criminal penalty
-Which of the following is generally a defence to the tort of negligence
onone of the above
-Which of the following statements is TRUE
onone of the above
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